HomeMy WebLinkAboutCC Resolution 13356 (Untermann 2 Lot Subdivision)RESOLUTION NO. 13356
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A
TENTATIVE PARCEL MAP (TS11-004) AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED11-047) FOR THE SUBDIVISION OF A 6.24 -ACRE LOT DEVELOPED WITH A
SINGLE FAMILY HOUSE INTO TWO SINGLE FAMILY RESIDENTIAL LOTS AND
ASSOCIATED SITE IMPROVEMENTS LOCATED AT 190 EL CERRITO AVE
(UNTERMANN 2 LOT SUBDIVISION)
(APN: 011-121-10)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, the existing 6.24 -acre site was subdivided from a larger 7.4 acre site in 1988 (587-13) at
which time a 1.17 -acre lot now developed with 180 EI Cerrito Ave was created and the subject 6.24 acre site was
created; and
WHEREAS, the 6.24 subject site (7.15 gross acres) was developed with the existing single family home
(190 El Cerrito Ave) based on the approval of Environmental and Design Review Permit (ED87-54) in 1987;
WHEREAS, on June 23, 2011, applications requesting a Tentative Parcel Map (TS11-004) and
Environmental and Design Review Permit (EDI1-047)were filed by Al Cornwell of CSW/Stuber-Stroeh on
behalf of the property owners Tom and Merrie Untermann, to the Community Development Department
requesting approval of a Tentative Map to subdivide the 6.24 -acre property into two lots, with the existing single
family home at 190 EI Cerrito Ave remaining on a 3.24 -acre parcel (Parcel 2) and a new single family home
proposed on a new 3.0 -acre parcel (Parcel 1), and an Environmental and Design Review Permit (ED11-047)and
the application was subsequently deemed complete for processing; and
WHEREAS, the current Planned Development (PD -H) District zoning for this site does not contain
appropriate land use limitations and development standards, as required by Section 14.07.060 of the "Zoning
Ordinance. PD Rezoning has been initiated to establish the required development standards for the following: a)
subdivision of the one existing 6.24 acre lot into two lots (3.0 acre and 3.24 acre); b) the development of a single
family home on the newly created 3.0 acre lot; and c) incorporate the existing and previously approved single
family development at 190 El Cerrito Ave on the 3.24 acre lot; and
WHEREAS, an accompanying application for a Planned Development Rezoning (ZC11-003) with
appropriate development regulations and standards for the proposed project, has been submitted and is being
processed concurrent with the Tentative Map and Environmental and Design Review Permit application, as
required by the Zoning Ordinance; and
WHEREAS, upon review of the applications, an Initial Study was prepared consistent with the
requirements of the City of San Rafael Environmental Assessment Procedures Manual and the California
Environmental Quality Act (CEQA) Guidelines, finding that with mitigations, the proposed development would
not result in significant environmental effects. As a result, a Mitigated Negative Declaration (MND) was prepared
and noticed for a 20 -day public review period beginning on March 22, 2012 and ending on April 10, 2012; and
WHEREAS, by adoption of a separate resolution (Resolution No.: 12-03), the Planning Commission has
recommended adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
to the City Council; and
WHEREAS, by adoption of a separate resolution (Resolution No.: 12-04), the Planning Commission has
recommended adoption of a Planned Development (PD) Rezoning request (ZC11-003) to the City Council, which
would establish the appropriate development regulations and land use limitations for the new subdivision of the
property and new signle family residential lot; and
WHEREAS, on April 10, 2012, the Planning Commission held a duly -noticed public hearing on the
Initial Study/Draft Mitigated Negative Declaration accepting all oral and written public testimony from public
agencies organizations and interested parties consistent with the requirements of the CEQA; and
WHEREAS, by adoption of a separate resolutions, the City Council has adoptied the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and by separate Ordinance, thee City Council has
adopted the Planned Development (PD) Rezoning request (ZC11-003) to establish the appropriate development
regulations and land use limitations for the new subdivision of the property and new signle family residential lot;
and
WHEREAS, on April 10, 2012, the City of San Rafael Planning Commission held a duly -noticed public
hearing on the proposed PD Rezoning, Environmental and Design Review Permit and Tentative Parcel Map,
accepting all oral and written public testimony and the written report of the Community Development Department
staff.
WHEREAS, on June 4, 2012, the City Council held a duly noticed public hearing on the proposed
Tentative Map and Environmental and Design Review Permit applications, accepting all public testimony and the
written report of the Department of Community Development; and
WHEREAS, the custodian of documents, which constitute the record of proceedings upon which this
decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby makes the following findings
to support the approval of Tentative Parcel Map JS11-004)and Environmental and Design Review Permit
(EDI1-047)and for the proposed Untermann 2 Lot Subdivision project:
Tentative Parcel Map (TSI1-004)
Findings of Fact
A. The proposed map is consistent with the San Rafael General Plan and any applicable policies, including the
Fairhills neighborhood policies, as documented in the General Pian Consistency table prepared for the 190 El
Cerrito Ave project, given that it implements the underlying Hillside Residential Resource General Plan land
use designation of 0.2 to 0.5 units per acre (gross) density range, preserves scenic hillside open space areas
with new development clustered at the base of a hill and at a similar scale to adjacent residential development,
and includes a building envelope to limit area of development.
B. The design and improvement of the proposed subdivision is consistent with the San Rafael General Pian,
including the Fairhills neighborhood plan policy NH -100, given that: a) review of the hillside subdivision
includes an Environmental and Design Review Permit application which has been reviewed by staff, the
Design Review Board and Planning Commission to assure that it satisfies the hillside subdivision criteria
contained in the Hillside Design Guidelines Manual, Title 15 and Chapter 25 of the Zoning Ordinance and
that the site can be developed with a structure that complies with all development standards; b) the proposed
lot has been recommended as appropriate and sensitive to the hillside setting given that it clusters
development at the base of the hill, includes a building envelope that is suitable for placement of a new home
on the lot and preserves the visible slope from development through a proposed hillside natural state area and
a new driveway that would follow the natural contour lines; and, c) a conceptual house plan was reviewed and
found to demonstrate that a reasonably sized home can be built on the new parcel, as proposed, in a way
which complies with the PD -H district regulations and the Hillside Development standards and guidelines
without obscuring hillside resources.
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C. The 6.24 acre property (7.15 gross acre) is physically suitable for the type or density of development that is
proposed given that: a) the new lot for development would be 3.0 acre with 1.0 -acre of the lot identified as a
building envelope and the remaining 2.0 acres to remain undeveloped and outside the building envelope; b)
the subdivision can be accessed from the existing private roadway, El Cerrito Ave; b) the proposed density is
within the maximum allowable density range established by the Hillside subdivision table 15.07.02013 which
permits up to 2 units on the 6.24 acre site given the amount of land area within each of the slope ranges; and
c) a soils investigation was conducted and appropriate foundation, grading and drainage improvements have
been identified that would assure the site could be developed without causing soils slope stability, drainage or
erosion control issues;
D. The design of the subdivision or the proposed improvements would not cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat given that development would
preserve 2.0 acres of the total 3.0 acre new lot as upland hillside slope and habitat, retaining existing wildlife
corridors and vegetation, it would not alter the existing natural drainage swale nor runoff patterns downslope
of the development, and would restore native plants and vegetation following completion of necessary
grading and site work.
E. The design of the subdivision or the type of proposed improvements is not likely to cause serious health
problems given that the soils report and drainage plans have confirmed the site is suitable for residential
development, there are no health hazards or hazardous uses identified on or near the site, and the subdivision
would crate one new single family lot and given the limited number of residences on the private road would
not create safety concerns given that traffic does not pass through the site and the project would allow only
one additional single-family residence with a potential second dwelling unit to be built on the site.
F. The design of the subdivision or the type of proposed improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed subdivision given
that there currently are no public access easements across the property that would be affected and the existing
MMWD easement would be retained and a condition of approval has been included to require the slight
modification of the new lot line to maintain the easement completely within the boundaries of one of the lots
and not straddling two lots.
G. The subdivision of a property that gains its access through a private street is appropriate given that: a) the site
is a hillside site; b) would utilize an existing private street; and c) is part of a Planned Development District.
H. The project will not cause adverse environmental impacts given that a Mitigated Negative Declaration (MND)
has been prepared for the project and reviewed in compliance with the California Environmental Quality Act
(CEQA), which has resulting in mitigation measures being identified to address potential construction related
air quality impacts and potential accidental discovery of cultural resources. The project also addresses safety,
drainage and wildlife concerns by avoiding these through preservation and proposed design solutions
incorporated in plans including a conservation area, drainage detention structures and swales. The
Commission has reviewed and recommended adoption of the MND, and mitigation measures have been
incorporated into the conditions of approval.
Environmental and Design Review Permit (ED11-047)
Findings of Fact
A. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance and the
purposes of Chapter 25, as detailed in the Zoning Compliance and General Plan compliance tables prepared
for the Untermann Land Division project, and the analysis in the staff report, given that the subdivision
complies with the site design, constraints, access, natural feature and drainage regulations and criteria and the
Hillside Resource Residential Design Guidelines Manual (i.e., Section IV 13 Hillside Grading and Drainage;
IZ:.44 Lot Configuration, Setbacks crud Locations, IVA5 Street Lnyout, Drivewav crud Parking Design and
Section IV.BI Subdivisions) by placing the new lot in a comparably sized 1 -acre building envelope that is
adjacent to existing development, accessed from a driveway that connects with the existing private roadway
requiring minimal site disturbance, incorporating grading and drainage improvements to protect the site from
erosion, and preserving the highly visible upper hillside slope in a natural state as permanent private natural
state area designated as being outside the building envelope.
B. The project design for the new lot is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Planned Development -- Hillside Overlay (PD -H) District given that: a)
appropriate PD standards in accordance with the Hillside Design Guidelines and Hillside Overlay District
were submitted and reviewed by the Design Review Board and Planning Commission and found to be
consistent with the requirements and deemed appropriate for the site and its surrounding; b) a conceptual
house design was submitted and reviewed by the Design Review Board on September 20, 2011 and the Board
concluded that the conceptual plan demonstrated that a home could be built on the lot in compliance with the
submitted PD -H District standards and the Hillside Design Guidelines and Hillside Overlay standards.
C. The project design for the new lot minimizes adverse environmental impacts given that it minimizes grading
by following existing contour lines, disturbing no more than 1 -acre of the site and preserving approximately
2.00 acres of hillside as permanent conservation area and would place the building envelope in an area of
previously and graded portion of the site.
D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to
properties or improvements in the vicinity given that the project has been reviewed and conditioned by all
responsible agencies and departments and a California Environmental Quality Act (CEQA) Initial
Study/Mitigated Negative Declaration has been prepared which adequately assesses the site impacts, includes
all feasible mitigation measures, which have been incorporated into the project conditions of approval.
BE IT FURTHER RESOLVED, that the City Council hereby approves Tentative Parcel Map (TS 11-
004) and Environmental and Design Review Permit (ED11-047)for the Untermann Land Division for the
subdivision of the 6.24 acre lot into two lots subject to the following conditions of approval:
Tentative Parcel Map (TS11-004)
Conditions of Approval
General and On Going Conditions
1. This Tentative Parcel Map (TSI1-004)approval shall be valid for two (2) years from approval or until June
4, 2014 and shall be null and void if a Final Parcel Map is not filed or a time extension granted prior to the
expiration date.
2. Any state mandated extensions of time granted to tentative map approvals shall apply to and extend all related
project development entitlements.
3. A Final Parcel Map must be processed consistent with the Major Subdivision procedures of San Rafael
Municipal Code Chapter 15.02. The final parcel map filed for the project shall substantially conform to the
approved Tentative Map prepared by CSWtStuber-Stroeh for Untermann Land Division, except as
conditioned herein.
4. These project conditions of approval shall be included on a plan sheet to be submitted with any plans
submitted to the City for building or grading permits, or subdivision improvements.
5. Hours of construction, including deliveries, arrival of workers to the site, warming -up vehicles and any noise
generating activities, shall be limited to occur between the hours of 8:00 a.m. to 6:00 p.m. Monday through
Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. No work shall be permitted on Sundays or City observed
Holidays.
6. The existing building envelope and all other existing easements and restrictions on Parcel Two shall remain
unchanged.
7. A building envelope is established for Parcel One as illustrated on the Tentative Map to establish appropriate
setbacks for the hillside property and preserve the required natural state area, which generally shall provide
for a 20 -foot front yard setback, 50 -foot west side setback and 25 -foot east side setback and a 80 -foot rear
yard setback.
a. The building envelope shall be the same as illustrated on Sheet TM 1 of the Tentative Map plans.
b. All other development restrictions of the underlying PD -H district remain applicable.
c. All areas outside of the building envelope shall remain as "natural state area", with the exception of the
area in front of the property, between the street (El Cerrito Ave) and the front of the building envelope,
which may contain minor improvements essential for: 1) vehicular access and parking; 2) pedestrian
access; 3) residential services (i.e. postal mail, garbage collection); and 4) needed utility and drainage
facilities.
d. The type, design and appropriateness of any improvements on the frontage area shall be evaluated and
approved through the Design Review Permit process required for the development of the single family
home.
Prior to Recordation of Parcel Map
8. Prior to recordation of the Parcel Map, a drainage easement shall be provided over the newly created Parcel
One for the benefit of drainage from Parcel Two. The easement shall encompass the exiting storm drain with
sufficient width to maintain the facility. The Final Map shall be modified to include this easement.
9. Prior to recordation of the Parcel Map, Parkland Dedication fees shall be paid for I new single-family lot, in
the amount of $1,987.98, in accordance with the provisions of City Ordinance 1558. Adjustments of this
figure may be necessary at the time of fee payment if the fair market value for parkland and associated
improvements is adjusted in accordance with Section 15.38.045 of the Ordinance.
10. Prior to recordation of the Parcel Map, the area of scenic restriction on Parcel Two as illustrated on Parcel
Map (PM24-018) shall be shown on the Parcel Map for this project
11. Prior to recordation of the Parcel Map, the Parcel Map shall be modified to illustrate and define the
boundaries of the building envelope. All areas outside of the building envelope to the rear and sides shall be
defined as "natural state area" and the area to the front of the envelope, between the street and the front of the
building envelope shall be defined as "limited natural state area".
12. Prior to the recordation of the Parcel Map, notes shall be added to the face of the Parcel Map to define the
building envelope, natural state area and limited natural state area as follows:
a. Except as noted below, there shall be no development outside of building envelope. No structures, as
defined in the San Rafael Zoning Ordinance, shall be permitted outside the building envelope.
b. All areas of the site outside of the proposed building envelope as illustrated on the Map as "natural state
area" shall remain in a natural state as defined in the Hillside Guidelines. All vegetation within the natural
state area shall not be changed except where restoration with the native grasses and removal of invasive,
non-native species is required in accordance with project conditions, approved landscape plans and Fire
management requirements.
c. The area directly in front of the building envelope, between the front property line (street) and the front of
the building envelope may contain minor improvements essential for:
Vehicular access and parking;
ii. Pedestrian access;
iii. Residential services (i.e. postal mail, garbage collection); and
iv. Needed utility and drainage facilities.
The extent and amount of improvements in the limited natural state area shall be as minimal as possible to
provide access and utilities to the site and necessary structures for enjoying of the property. The type,
design and appropriateness of any improvements on the frontage area shall be evaluated and approved
through the Design Review Permit process required for the development of the single family home.
13. MMWD owns and maintains water facilities within an easement in the location of the new lot line as shown
on the Tentative Map
a. No construction shall encroach upon or encumber access to said facilities.
b. Prior to recordation of the Parcel Map, the proposed lot line between Parcel One and Parcel Two shall be
modified in such a manner to not have the proposed lot line traverse through the lands of MMWD. The
adjustment shall
i. Maintain the facilities entirely on Parcel One
ii. The proposed lot areas after the revision to the lot line between parcels shall be as close to the 3.0
and 3.24 acres as possible.
iii. The proposed new lot line between Parcel One and Parcel Two shall be as straight of a lot line as
possible.
14. The applicant may need to obtain a Pipeline Extension Agreement from the Marin Municipal Water District
(MMWD) prior to recordation of the Final Map. Costs of extending service to the site shall be borne by the
applicant, and shall be completed as part of the subdivision improvement work. Upon completion and
acceptance of the facilities by the Water District, the applicant shall be eligible for water service upon request
and fulfillment of the MMWD requirements.
15. The developers Civil Engineer must prepare the Final Parcel Map pursuant to procedures for Major
Subdivision (Chapter 15.02) and submit 3 sets directly to the Department of Public Works for review. A copy
of the Final Parcel Map and Improvement Plans shall be transmittal to the Planning Division and Building
and Fire Division for review prior to being scheduled for action by the City Council.
16. Grading and Improvement Pians shall be submitted to the Planning Division and Department of Public Works
prior to recordation of a final parcel map for the project, subject to the following requirements:
a. Peer review of the Level B geotechnical investigation prepared for the minor subdivision may be required
prior to issuance of permits, to confirm final design details.
b. Grading plan check and inspection fees will be required based on the earthwork quantities.
c. DPW shall notify the Planning and Building Division when the Parcel Map has been recorded.
d. The applicant shall be responsible for fees and costs associated with review and recordation of the Parcel
Map, including the County Recorders fees.
e. The developers engineer shall submit a detailed drainage plan to DPW for review showing the proposed
drainage system including layout, dimensions and details. construction details for detention box, outlet
dissipater and detention pipe, SWPPP and MCSTOPP details.
f. A recent Preliminary Title Report less than 6 months old will be required.
Environmental and Design Review (ED11-047)
Conditions of Approval
This Environmental and Design Review Permit (ED11-047)approval is for the proposed hillside subdivision
design consisting of the building envelope, conceptual house design, access and retaining walls as indicated
on approved pians submitted for Untermann Land Division and PD Rezoning project by CSW/Stuber-Stroeh,
except as modified by all conditions of approval. The Design Review Permit approves the demonstration that
a new home and accessory structures can be feasibility built on the new lot within the established building
envelope.
2. This approval shall be valid for two (2) years from approval or until June 4, 2014, which shall run
concurrently with the Tentative Map (TS 11-004) approval, and shall be null and void if a final map is not
filed and recorded or a time extension granted.
3. A separate Environmental and Design Review Permit (Zoning Administrator level with Design Review Board
Review and Recommendation) is required for the residential structure and any accessory structures on Parcel
One and is subject to compliance with the approved Tentative Map (TSI 1-004) approval and PD -H District
standards.
4. Details for fencing, driveway and retaining walls and other improvements required for development of the
site, including any incomplete subdivision approval (TS 11-004) conditions, shall be addressed and included
with plans submitted for final Environmental and Design Review Permit for construction of a residence on the
property.
5. Suitable all-weather driveway improvements shall be constructed before house foundation and framing work,
to provide parking and staging area for construction of the house.
6. The natural state requirement established by the Hillside Guidelines for Parcel One has been addressed and
achieved by the provision of the "natural state area" as shown on the Parcel Map. Therefore, the entire
building envelope may be disturbed.
7. The applicant shall be responsible for the payment of the required traffic mitigation fees related to the
development of the lot. The fee will be imposed as a condition of approval of the Environmental and Design
Review Permit approval for the new residence and shall be required to be paid prior to issuance of a building
permit for the new residential structure. This condition shall inform the applicant that the traffic mitigation fee
is based on the number of dwelling units approved for the site, including the size of the new residence. The
total traffic mitigation fee will be the total number of AM and PM peak hour trips generated by the proposed
development on the site times the traffic mitigation fee in effect at the time of payment (Currently, the fee is
$4,246 in March 2012).
8. Exterior fencing along the rear, sides and front boundary and anywhere within the "natural state area" of
Parcel One shall be restricted to open wire fencing.
9. Solid 8 foot tall fencing is allowed anywhere within the building envelope or at the perimeter of the building
envelope boundary. A solid fence up to 8 feet tali shall be installed to delineate and separate the area of the
building envelope from the natural state area to the rear and front of the property.
10. Parking pullouts shall be incorporated into the design of the new driveway access.
11. Grade of the new driveway shall not exceed 18% slope, unless approved by the Fire Chief, and in no event
should exceed 20%.
12. All proposed drainage detention and utility- improvements shall be installed below grade.
13. Proposed retaining walls shall be designed and constructed in an attractive manner, which blend with exterior
building materials of proposed or future homes on the lot andlor appropriately stepped and finished to blend
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with the hillside setting. Where masonry walls are necessary for grading purposes, they shall be softened
with landscaping.
14. Landscape plans shall be submitted to MMWD for review and approval prior to issuance of construction
permits, and shall be designed to adhere to the water allocation issued for the site.
15. Pursuant to Mitigation Measure AQ -1, to mitigate the potential air quality impacts associated with
construction and grading, prior to the issuance of building or grading permit, the project would be required to
employ dust control measures through the preparation of a Dust Control Plan, which shall be implemented
during all phases of grading and site construction periods when potential dust emissions are likely to occur.
The plan shall be prepared and submitted to the City of San Rafael, Community Development Department for
review and approval, and shall include the following measures:
a. All active construction areas shall be watered at least twice daily (with recycled water, if possible).
b. All inactive construction areas (previously graded areas which are inactive for ten days or more) shall be
hydro seeded or covered with non-toxic soil stabilizers.
c. Any exposed stockpiles of dirt, sand or gravel shall be enclosed, covered, and watered twice daily or
covered with non-toxic soil binders.
d. Vegetation in disturbed areas shall be replanted as quickly as possible.
e. All trucks hauling soil, sand, and other loose materials shall be covered and maintain at least two feet of
freeboard.
f. Wheel washers shall be installed for all exiting trucks or wash off the tires or tracks of all trucks and
equipment leaving the site.
g. All unpaved access roads, parking areas and staging shall be: 1) paved; 2) watered three times daily, or 3)
covered with a non-toxic soil stabilizer.
h. The on-site paved access road, parking areas and staging areas at construction sites shall be swept daily
with water sweepers. Adjacent public streets shall be swept daily if visible soil material is carried onto
adjacent public streets.
i. Sandbags or other erosion control measures shall be installed to prevent silt run-off onto public roadways.
j. Windbreaks shall be installed, where necessary, at the windward side of the construction areas.
k. Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per hour.
1. These requirements shall be noted on the final grading plans prepared for the project or on a separate
construction logistics plan submitted for review and approval by the Community Development
Department prior to issuance of permits; and
in. The project proponent shall inform the contractor, general contractor or site supervisor of these
requirements and shall be responsible for informing subcontractors of these requirements and for
implementing these measures on the site.
16. Pursuant to Mitigation Measure CR -1, in the event of the accidental discovery or recognition of any human
remains uncovered during site construction, including site grading and excavation the following steps shall be
taken:
a. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until:
The coroner of the county in which the remains are discovered must be contacted to determine that
no investigation of the cause of death is required, and
ii. If the coroner determines the remains to be Native American:
1. The coroner shall contact the Native American Heritage Commission within 24 hours.
2. The Native American Heritage Commission shall identify the person or persons it believes to
be the most likely descended from the deceased Native American.
3. The most likely descendent may make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods as provided in Public Resources
Code Section 5097.98, or
b. Where the following conditions occur, the landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance.
i. The Native American Heritage Commission is unable to identify a most likely descendent or the
most likely descendent failed to make a recommendation within 24 hours after being notified by the
commission.
ii. The descendant identified fails to make a recommendation; or
iii. The landowner or his authorized representative rejects the recommendation of the descendant, and
the mediation by the Native American Heritage Commission fails to provide measures acceptable to
the landowner.
Immediate evaluation of a discovery of historical or archaeological remains (e.g., artifacts, evidence of
historic or pre -historic human activity, or human remains) shall be conducted by a qualified archaeologist.
If the find is determined to be an historical or unique archaeological resource, work shall not resume in
the area until the qualified archeologist has documented the discovery and made recommendations to the
developer and City on implementation of additional avoidance measures or other appropriate steps to be
taken in compliance with CEQA. The developer shall be responsible for the additional work required to
investigate and mitigate the discovery in compliance with CEQA. Work could continue on other parts of
the building site while historical or unique archaeological resource mitigation takes place.
17. No building permit shall be issued until the Parcel Map has been recorded and required improvements have
been completed or appropriate security obtained to the satisfaction of all departments and agencies (i.e.,
Building, Fire, Planning, Public Works, San Rafael Sanitation District and MMWD).
18. The applicant apply for a new site address for Parcel One from the Community Development Department -
Building Division. The new address shall be sequential and logical, following the existing street numbering
pattern. The tentative address for the new single family structure shall be 151 El Cerrito Ave.
19. Address markers shall be provided during construction as required by the Building and Fire Division to assure
that emergency personnel are able to identify the site.
20. Each building must have address identification placed in a position that is plainly legible and visible from the
street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. If new
construction and substantial remodel, the address must be internally or externally illuminated at all hours of
darkness. Numbers must be a minimum 4 inches with '/'2 inch stroke for residential occupancies. The address
must be contrasting in color to their background SP MC 1.12.20.
21. The applicant shall pay all applicable school impact fees prior to issuance of building. Contact San Rafael
City Schools for calculation and payment of fees.
22. Building permits shall be obtained for onsite improvements for the private road, including retaining walls,
street lights, and private sewer systems.
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23. Prior to any grading work and/or issuance of permits, a soils report shall be submitted to Building and Public
Works addressing export, import and placement, and compaction of soils at future building pad locations
based on assumed foundation design.
24. A grading permit may be required and geotechnical and civil pad certifications are to be submitted prior to
building permit issuance for construction.
25. Fire Chief approval shall be required if driveway slope exceeds 18%.
26. A knox box keyed entry system is required for any gated entry.
27. This property is located in a Wildland Urban Interface (WUI) area. Provide a written Vegetation Management
Plan (VMP) submitted to the San Rafael Fire Department. This VMP must be completed and verified prior o
final approval. Refer to City of San Rafael Ordinance 1856 that may be viewed at
www.citvfosanrafael.ori/fireve2etation, or you may contact the Fire Department at (415) 485-3309 and talk
to Deputy Fire Marshall John Lippitt for any questions or comments. Requirement of continued compliance
with the approve VMP must be placed within CC&R's, if provided.
28. Construction features and components of new structures on Parcel One will at the minimum meet the
requirements of the California Building Code for new construction of structures within the WUI.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on
Monday, the 4th of June, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER C. BEIRNE, City Clerk
CITY OF
Meeting Date
Agenda Item:
April 10, 2012
a
Community Development Department- Planning Division Case Numbers: ZC1 1-03/ED1 1-47/TS1 1-04
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Raffi Boloyan (415) 485-30
REPORT TO PLANNING COMMISSION
SUBJECT: 190 Ell Cerrito Ave (Untermann Subdivision) - Request for Rezoning, Tentative Map
and Environmental & Design Review Permit to allow; 1) the subdivision of the single
6.24 -acre hillside parcel into two lots, with the existing single family home at 190 El
Cerrito remaining on a 3.24 -acre parcel and a new single family home proposed on a
new 3.0 -acre parcel; 2) Rezoning of the site from a Planned Development to a revised
Planned Development to reflect the proposed project; and 3) conceptual review for
compliance with hillside guidelines the design and siting for the proposed new single
family residence; APN: 011-121-10; Planned Development - Hillside Overlay (PD -H)
District; Tom and Merrie Untermann, owners; Al Cornwell/CSW Stuber-Stroeh,
applicant; File No(s).: TS1 1-004, ZC1 1-003 D11-047
EXECUTIVE SUMMARY
The proposed subdivision of the 6.24 acre !hCe site would maintain the existing single family home on
a 3.24 acre lot and a new 3.0 acre lot would be created for the development of a single family home. The
proposed lot layout follows the neighborhood pattern and the new lot would include a building envelope
to cluster the new development on the lower portion of the site, thus preserving the upper hillside area.
The lot layout is logical and in keeping with this neighborhood. Although no formal approval of a specific
home design is requested, the preliminary plans have demonstrated that a single family home can be
built on the new lot in accordance with all the applicable hillside regulations. The DRB has reviewed the
subdivision layout and conceptual home design and recommended approval. Staff recommends that the
proposed subdivision and PID Rezoning conform to all General Plan, Zoning Ordinance and Hillside
Design Guidelines policies and requirements.
Nf'�,J �01, It �TliiM
It is recommended that the Planning Commission take the following action:
1. Adopt a Resolution recommending that the City Council adopt the Mitigated Negative Declaration
and Mitigation Monitoring Program prepared for the project; and
2. Adopt a Resolution recommending that the City Council adopt a Planned Development Rezoning
(ZC11-003) to rezone the property from Planned Development (PD) - Hillside Overlay (-H)
District to a revised PD -H with appropriate development standards and land use regulations for
the new single family lot); and
3. Adopt a Resolution recommending that the City Council conditionally approve the Tentative
Parcel Map (TS11-004) with and Environmental and Design Review Permit (ED11-047) for the
hillside subdivision.
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1-0031TS1 I -004/EDI 1-047
1=101:243
Address/Location: 190 El Cerrito Ave I Parcel Number(s):
Property Size: 6.24 acres(net)/7.20 (gross) acres I Neighborhood:
011-121-10
Fairhills
Existing Land -Use
Single family residence
Single family residences
Single family residences
Open space
Single Family Residences
Site Description/Setting:
The project site is a partially developed 6.24 -acre parcel cont one single family home. The total
gross acreage for the site is 7.15 -acres and includes 0.91- nvate easement area used as
roadway and is thus included in the overall lot size forrty calculation of subdivision density
5r
standards. The subject site borders City Open s t st, a portion of the Academy Heights
i y that
residential subdivision to the north and single -f. - front on Culloden Park Ave to the east.
The project site is currently zoned a "shell" Planne-TDevelopment —Hillside Overlay (PD -H) and
maintains a Hillside Residential Resource General Plan Land Use designation (0.2-.05 units/acre). The
majority of the properties surrounding this site are zoned single-family residences (R7.5, R20 and R2a).
The site is located at the eastern edge of the Fairhills Neighborhood, just south east of the former quarry
that is currently developed as the Academy Heights subdivision.
The site exhibits a steep hillside topography, with an elevation of 180 feet at the southeast corner of the
site (near end of Stewart Rd) and 360 feet at the northwestern edge of the site, uphill from the single
family home. The existing home is location at approximately the 275 foot elevation.
The average slope for this property is 40.57%. The ridge of the hillside to the rear of this property is a
visually significant ridgeline and the ridgeline is at approximately elevation 625 feet. The upper corner
(northeast) of the site is the highest elevation on the property and this point is nearly 200 feet below the
ridgeline above.
The majority of the site, especially the upper hillside portion of the site, is characterized by a native oak
woodland with species of Oak, Bay and Madrone trees. The lower portion of the subject site exhibits a
flat bench area and is absent any trees or shrubs, Marin Municipal Water District owns a small portion in
the center of the subject site and has various easements to serve their water distribution system. In
addition, a small drainage channel runs north to south through the center of the site, near the MMWD
facilities and collects and conveys run off from the hillside above.
El Cerrito Ave is a private roadway that extends north off Bryn Mawr Ave. El Cerrito Ave. abuts the
subject site and then turns southward and snakes around the two adjacent properties, a single family
residence at 180 El Cerrito and another single family residence home (referred to as the "castle") at 185
El Cerrito Ave. El Cerrito then dead ends on the subject property. El Cerrito Ave is a private roadway that
has common use amongst the three properties near the end of the road. The structure at 185 El Cerrito,
the "castle", is listed on the City's Architectural/Historic Survey and is ranked as "exceptional"
Site Characteristics
General Plan Designation
Zoning Designation
Project Site:
Hillside Residential Resource
Planned Development —
(HRR)
Hillside Overlay (PD -H)
North:
HRR
PD 1729
South:
HRR/Low Density Residential
Single Family Residential
I
(LDR)
(R2a and R7.5)
East:
Public/Quasi Public (P/QP)
P/QP
West:
LDR
R7.5 and R20
011-121-10
Fairhills
Existing Land -Use
Single family residence
Single family residences
Single family residences
Open space
Single Family Residences
Site Description/Setting:
The project site is a partially developed 6.24 -acre parcel cont one single family home. The total
gross acreage for the site is 7.15 -acres and includes 0.91- nvate easement area used as
roadway and is thus included in the overall lot size forrty calculation of subdivision density
5r
standards. The subject site borders City Open s t st, a portion of the Academy Heights
i y that
residential subdivision to the north and single -f. - front on Culloden Park Ave to the east.
The project site is currently zoned a "shell" Planne-TDevelopment —Hillside Overlay (PD -H) and
maintains a Hillside Residential Resource General Plan Land Use designation (0.2-.05 units/acre). The
majority of the properties surrounding this site are zoned single-family residences (R7.5, R20 and R2a).
The site is located at the eastern edge of the Fairhills Neighborhood, just south east of the former quarry
that is currently developed as the Academy Heights subdivision.
The site exhibits a steep hillside topography, with an elevation of 180 feet at the southeast corner of the
site (near end of Stewart Rd) and 360 feet at the northwestern edge of the site, uphill from the single
family home. The existing home is location at approximately the 275 foot elevation.
The average slope for this property is 40.57%. The ridge of the hillside to the rear of this property is a
visually significant ridgeline and the ridgeline is at approximately elevation 625 feet. The upper corner
(northeast) of the site is the highest elevation on the property and this point is nearly 200 feet below the
ridgeline above.
The majority of the site, especially the upper hillside portion of the site, is characterized by a native oak
woodland with species of Oak, Bay and Madrone trees. The lower portion of the subject site exhibits a
flat bench area and is absent any trees or shrubs, Marin Municipal Water District owns a small portion in
the center of the subject site and has various easements to serve their water distribution system. In
addition, a small drainage channel runs north to south through the center of the site, near the MMWD
facilities and collects and conveys run off from the hillside above.
El Cerrito Ave is a private roadway that extends north off Bryn Mawr Ave. El Cerrito Ave. abuts the
subject site and then turns southward and snakes around the two adjacent properties, a single family
residence at 180 El Cerrito and another single family residence home (referred to as the "castle") at 185
El Cerrito Ave. El Cerrito then dead ends on the subject property. El Cerrito Ave is a private roadway that
has common use amongst the three properties near the end of the road. The structure at 185 El Cerrito,
the "castle", is listed on the City's Architectural/Historic Survey and is ranked as "exceptional"
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1 -0031TS1 I -004/ED1 1-047 Page 3
The subject site is currently developed with a singe -family home that was built in the early 1990's and
consists of approximately 4,800 sq ft of gross floor area. The existing structure exhibits a low scale
Mediterranean design. The southern and western portions of the site are encumbered by a scenic
restriction that prohibits the installation of any structures. The scenic restriction was placed on those
areas at the time of the original subdivision of this property in the late 1980's. The existing home is
located within a building envelope area designated for development of all structures. No structures or
development is currently allowed outside the building envelope. The location of the proposed new parcel
is on the western edge of the site, below and to the west of the existing single-family home.
Xel gel] Me
Prior to 1971, the subject properties at 190 El Cerrito Ave (6.234 acres), 180 El Cerrito (1.17 acre) and
185 El Cerrito Ave (.93 acres), were all one property. In 1971, a previous owner of the property divided it
into two separate lots by deed, without a City approved parcel map as was required by the local
subdivision Ordinance and State Subdivision Map Act. The deed created a 0.93 acre site that hosted 185
El Cerrito Ave and a 7.4 -acre vacant site that encompassed the remainder. This unauthorized
subdivision was not discovered by the City until 1981, when applications were filed to subdivide the
property.
In 1982, the Planning Commission conditionally approve a two lot subdivision of the subject property,
authorizing one parcel and a building pad at the north west end of the site a 4 one parcel and building
.i;
pad at the southeast end of the site. In order to remedy the unauthor z ivision that occurred in
i'
1971, the applicants at the time agreed to include the adjacent 0.93 ail on the final parcel map.
At that time, both parcels were under the same ownership. Thi Map was never recoded and
thus the approval lapsed.
In 1987, a new owner purchased the property and requestertificate of Compliance. This was
granted in 1987. After the issuance of the Certificate of Compliance, the new owner (which is the current
owner of the site), applied for and received approval of a Design Review Permit for a new single family
home on the site (190 El Cerrito Ave).
In 1988, an application was once again filed to subdivide the 190 El Cerrito Ave property into two lots.
This subdivision was approved by the Planning Commission later in 1988 (S87-13). The Parcel Map
divided a larger 7.4 acre site that surrounded the separate "castle" property into two sites, a 1.17 acre
parcel (now developed With 180 El Cerrito Ave) and the subject site (developed with 190 El Cerrito Ave).
At that time, the City imposed a "scenic restriction" on the south and western slope of 190 El Cerrito Ave
property, restricting any structures in that area. This scenic restriction was not required on the eastern
side of the property (area that is subject to the current request for subdivision) given the limited visibility
of that area from off site. Following approval of the Parcel Map, the new owner of the new lot at 180 El
Cerrito Ave received approval of a Design Review Permit for the design of the new structure and later
built a single family home.
PROJECT DESCRIPTION
Two -Lot Subdivision (TS1 1-004):
The project proposes to subdivide a single, 6.24 -acre parcel (7.15 gross acres) into two lots; a 3.24 acre
lot (Parcel Two) and 3.00 -acre lot (Parcel One). Parcel Two would maintain the existing single-family
residence and associated ancillary structures (190 El Cerrito Ave). The proposed Parcel One would be
developed with a new single-family residence, potentially a detached second unit, driveway and parking
areas and associated site improvements. The newly created parcel (Parcel One) would gain access
from a driveway off the existing private road, El Cerrito Ave, which is an approximately 16 -foot wide
roadway. Access to the existing parcel and single family home (Parcel Two) would continue to be
provided by El Cerrito Ave.
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1 -003/TSI 1-004/EDI 1-047 Page 4
As depicted on Sheet TM -1 off the project plans, a building envelope is proposed to be included on
Parcel One and would encompass approximately I acre of the 3 total acre site. The building envelope is
proposed to maintain a 20 foot setback at the front, a minimum 25 foot- (east) and 50 -foot (west) side
setback and minimum 80 -foot rear setback. The remaining 2 acres of proposed Parcel Two outside of
the building envelope would remain as natural state. All proposed development would be located lower
portion of the site, within the building envelope, located below the visually significant hillside upslope
portions of the site.
Zone Change (ZC1 1-003):
The project proposes to rezone the subject site from the current "shell" Planned Development — Hillside
Overlay (PD -H) to a revised PD -H that reflects the proposed development plan. The proposed PD
rezoning requests to allow an additional lot with a single family home and detached second unit. The
proposed PD regulations are attached as part of the Draft PD Resolution (Exhibit 2b — Attachment B).
The PD regulations establish the development standards for a Planned District and are in -lieu of the
standard zoning regulations contained in the Zoning Ordinance.
Environmental and Design Review Permit (ED1 1-047):
Hillside subdivisions (i.e., properties with slopes over twenty-five percen;425%), or General Plan land
use designation of Hillside Residential) require Environmental and D . Review Permit approval
pursuant to San Rafael Municipal Code (SRMC) Section 14.25.0, k�', �V\and Section 15.07.020 (Lot
Design Standards for Hillside Subdivisions). The Environmen esig"A Review Permit must be
reviewed by the Design Review Board and approved by the i Commission to assure that the
subdivision design complies with the General Plan crit Wa�-mented through the San Rafael
Hillside Residential Design Guidelines Manual. In addlTi n, v -t though a specific home design is not
n Nii required to demonstrate a conceptual siting
proposed as part of this application, hillside subdivisions I
and massing plan for development of a new home to allow the City to review the appropriateness of the
building location, establish any building envelopes and ensure that a new structure can be built that
meets all the applicable hillside standards, i.e. building height, stepbacks, gross floor area limit, natural
state and general hillside design principals.
The PD Rezoning requires final review and action by the City Council. Therefore, all applications,
including the Design Review and Tentative Map will be acted on by the City Council after review and
recommendation by the DRB and Planning Commission. The conceptual building and site layout
proposed for Parcel One are presented in the project plans, and discussed further in this report.
Buildinq Improvements
The applicant proposes the development of a new single-family residence and a detached second unit.
Conceptual plans have been prepared to illustrate how the new hillside lot could be developed. The
conceptual plans show a 3 -level single-family residence and a 2 -level detached second unit within the
prescribed building envelope. The building envelope is proposed to limit the siting of any new structure.
The extent of the building envelope would provide a minimum of 20 foot setback at the front, 50 feet
(west)/25 feet (east) to the sides, and 80 feet to the rear. The proposed PD regulations identify the
maximum gross floor area for all structures on the new lot of 6,500 sq. ft., as established by the hillside
guidelines. The conceptual siting of the structure and a building section are illustrated on Sheet TM2a of
the project plans.
Access. Circulation and Parking,
Based on the conceptual plans, access to the new single family residence would extend a new 20 -ft wide
driveway from El Cerrito Ave up to the building pad. This driveway would have a maximum slope of 15%.
A hammerhead and parking are is at the front of the garage to the main structure. Opposite the
REPORT TO PLANNING COMMISSION - Case No's: ZC11-0031TS11-0041ED11-047 Page 5
hammerhead, a secondary driveway is proposed to lead to the guest parking and detached second unit.
This secondary driveway would have a slope up to 20%. Pursuant to the Hillside Overlay District
standards, a total of up to 6 parking spaces are required for the single family residence and second unit.
Two covered spaces and two uncovered spaces for the single-family residence and up to 2 uncovered
parking spaces for the second unit. The conceptual access layout is illustrated on Sheet TM2a of the
project plans.
Drainaae and Gradina
The preliminary drainage concept is to collect all runoff from the developed site and convey it to the
existing storm drain system that runs from west to east along the front portion of Parcel One and then
opens up into a open drainage swale, exits the Proposed Parcel 2 and then continues to the east
between two properties on the eastern side of Culloden Park Rd (62+ 58 Culloden Park Rd) and then
under the road, and eventually into the creek at the rear of the properties on the west side of Culloden
Park Rd.. Before the run off is collected into the on site storm drain system, the run off would be detained
or dissipated on the subject site to ensure that the peak flow and volume do not exceed the existing
levels. The drainage system would be designed contain the 25 -year and 100 -year runoff volumes and
gradually dissipate water in a natural manner.
Total cut and fill quantities of the conceptual layout include excavating 610 cy for the house, 60 cy for the
driveway while filling 260 cy for the driveway and 410 cy for the site. The project would, therefore, result
in balanced grading for house grading and new driveway improvements. Aside from a four -ft. tall
retaining wall proposed along the garage, no retaining walls are proposed on the site. There are a few
areas of the proposed lot that exceed the 2:1 slope limit.
Proposed Landscaping and Associated Improvements
Currently, there are no landscaping or associated improvements proposed, and only minimal tree
removal would be required. Most of the area within the building envelope is previously graded and
absent any trees. The conceptual footprint shown on TM2a would require the removal of t tees. It is
anticipated that ornamental landscaping for yard areas around the Fuse will occur. The designated
conservation area would be required to remain in its natural stat t�jlandscape plan would be
mandatory as part of the formal Environmental and Design R W"mit review required for the house
T
by the Hillside Overlay District standards.
ANALYSIS
San Rafael General Plan 2020 Consistency: x
As detailed in the General Plan 2020 consistency analysis (Exhibit 3), the proposed project is generally
consistent with all applicable policies. The project would create a new single family residential lot for a
total of two single family lots on the project site and is consistent with the Hillside Resource Residential
land use designation (LU -23) and allowable density range for that land use designation which allows 0.5-
2.0 units density range. In addition, the proposed project would be consistent with the applicable policies
pertaining to scenic hillside resources, seismic safety, drainage, community and neighborhood design.
Policies (NH -5) and address safe street design and pedestrian safety (C-4). These policies are not
directly implemented by the project given that the two -lot subdivision does not require public street
improvements and would use an existing private road access which would not serve a larger residential
area. In compliance with policies PR -25 and C-7, the project would be required to pay fees for its fair
share contribution toward demand toward parklands (for .0075 -acres) and traffic improvements, which
have been identified for build -out under the General Plan. These requirements shall be established as
conditions of approval. The project would also be consistent with the one policy applicable to the Fairhills
neighborhood (NH -100) in that the siting of the proposed development would match the pattern of
surrounding neighborhoods and would limit development to the lower portions of the site.
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1-0031TS1 1-004/ED1 1-047 Page 6
Zoning Ordinance Consistency:
The attached Zoning Ordinance consistency analysis (Exhibit 4) shows the project complies with the
applicable development standards, as follows:
Chapter 7— Planned Development District
Planned Development (PD) Zoning- is required for hillside subdivisions. The PD District promotes
clustered development on large sites to avoid sensitive areas, and allows flexibility in property
development standards. The minimum net lot area of a PD District shall be 2.5 acres, except that the
minimum may be 1 acre for hillside lots where unusual site characteristics exist. The maximum number
of dwelling units shall not exceed the maximum number permitted by the General Plan density for the
total site area and the maximum height limit shall be as identified in the General Plan.
The current "shell" PD -H was assigned to the property as part of the Zoning Ordinance update in 1991.
All large hillside properties, both developed or undeveloped, were assigned a shell PD. The shell PD
recognized and approved the existing development on the site at the time. However, any future change
or modification to the property requires that the PD be amended. The lot size and density proposed for
this project are consistent with the parcel sizes and density ranges allowed under the General Plan for
the Hillside Resource Residential land use designation. The maximum height for this property would be
30 feet, as is the limit for other single family residential areas. The conceptual plan demonstrates that a
reasonably sized structure could be built within the height limit.
The proposed PD regulations (part of the Draft PD Ordinance attached as Exhibit 2b — Attachment B)
mirror the standards that would be applicable for any hillside residential development and are similar in
terms of setbacks and other development standards as any large 1 acre or 2 acre zoning (R1 a or R2a)
in a hillside area. A building envelope is established and illustrated on the Tentatip
_� Map and areas
outside the building envelopes are to remain free of any structures. The ma�(—.
�=-gross building size is
established and mirror that required for any hillside development for all stfu8jae 0�1"` single property
(2,500 s ft + 10% of lot size, up to a maximum of 6,500 sq ft. In this W, case, the maximum
allowable size for all structures on Parcel One would be 6,500 4ft.
Both staff and the DRB have recommended modification to the rilategulations to clarify what may occur
outside the building envelopes. Currently, the front 20 feet of the property is outside the building
envelope. However, it is highly likely that certain site improvements, i.e. driveway, retaining walls,
drainage or utility improvements and ornamental landscaping may be proposed within the front area.
Therefore, staff has drafted some language to include as a clarification should be considered to allow
certain minor improvements, driveways, landscaping, but preclude any structures. This was also a
recommendation of the DRB. Therefore, the proposed PD regulations include a recommended addition
to Section 2.F of the PD language (shown in strike threugh/underline text
This frontage area may be developed with limited improvements such as: 1) street
access for pedestrians or vehicles such as driveway and walkway and limited retaining
walls, 2) drainage and utility connections; 3) other minor incidental structures or
improvements necessary to be placed at the front of the property such as mailbox, trash
can enclosure, etc), 4) limited ornamental landscaping, 5) limited fencing or gates; and
6) open wire fencing. The type, design and appropriateness of any improvements on the
frontage area shall be evaluated and approved through the Design Review Permit
process required for the development of the single family home."
Chapter 12 — Hillside Overlav Standards
The Hillside Overlay Standards establish certain development standards for hillside properties, including:
® Maximum gross floor area of 2,500 sq ft + 10% of lot size, with a 6500 sq ft maximum,
• Natural state requirement of 25% of lot + % slope of property, up to a maximum of 851.
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1-003/TSI 1-004/EDI 1-047 Page 7
• Requirement for building stepbacks on all downhill elevations and any side walls within 15
feet of any side building setback. In the stepback zone, wall height is limited to 20 feet in a
single Plane and must be stepped back if exceeds 20 feet.
® Extra parking requirement on substandard streets, streets which have a paved width less than
26 feet.
® Natural Sate Requirement to preserve 25% + -Yo slope of the property (to a maximum of 85%)
in its natural undisturbed state.
• Ridgeline development prohibition to preclude any new subdivisions within 100 vertical feet of
a visually significant ridgeline.
As designed, this project is consistent with these standards and have been incorporated into the PD
District regulations. The conceptual plan demonstrates the required parking can be provided on this
substandard street. The natural state requirement for this site is 66 % (25% + 41 % avg slope) and as
designed, the building envelope encompasses I acre of the 3 total acres of Parcel One, thus preserving
66% of the site as natural state. Lastly, the highest point of this property is more than 100 feet below the
ridgeline, thus not subject to the ridgeline prohibition property (the highest point of site is at elevation 360
ft and the ridgeline is elevation 620 feet).
Chapter 25 — Environmental and Desiqn Review Permit
The following criteria have been identified as applicable to the proposed lot split:
• Site Design. There should be a harmonious relationship between structures within the
development and between the structures and the site. Proposed structures and site development
should be related accordant to existing development in the vicinitAlThere must be a consistent
organization of materials and a balanced relationship of maj'orQz0fents.
4c� 0
• Site Features and Constraints. Respect site features and nizeNite constraints by
minimizing grading, erosion and removal of natural ve Sensitive areas such as highly
visible hillsides, steep, unstable or hazardous slow, e'kand drainage ways, and wildlife
habitat should be preserved and respected.
• Access, Circulation and Parking. The development should provide good vehicular, bicycle and
pedestrian circulation and access, on-site and in relation to the surrounding area, including public
streets, waterways, shorelines and open space areas. Safe and convenient parking areas should
be designed to provide easy access to building entrances. Parking facilities should detract as little
as possible from the design of proposed or neighboring structures. Entrances to parking
structures should be well-defined and should include materials compatible with those of the
parking garage. Traffic capacity of adjoining streets must be considered.
* Drainage. Special attention shall be given to proper site surface drainage and an adequate
drainage system.
* Utility Service. Utility connections shall be installed underground. Proposed method of sanitary
sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened
and located in areas convenient both to users and to persons who make collections. There shall
be adequate ingress and egress to all utilities. (Note: Recycling facilities must meet Standard of
Resolution 93-57.)
In terms of the Design Review Permit, this application before the Commission does not include a specific
home design, therefore, many of the design criteria contained in Chapter 25 as well as in the Hillside
Guidelines are not applicable. In hillside areas, applications to subdivide a property require either the
submittal of a specific proposal for development of a site and formal Design Review Permit application,
or, at a minimum, a conceptual Design Review Permit application. The main purpose of the minimum
requirement of a conceptual review is to assure that the lot layout of the proposed subdivision and siting
of any building envelope are appropriate for the site and setting and to demonstrate that the lot is
REPORT TO PLANNING COMMISSION - Case No's: ZC1 1-0031TS1 1-004/EDI 1-047 Page 8
buildable in that future development can comply with applicable design criteria and development
standards. The applicant for this project has chosen to not apply for formal Design Review Permit at this
time. if the proposed subdivision and PD rezoning are approved, a formal Design Review Permit is
required for any new single family home process on the property before building permits are issued and
construction is commenced. Therefore, the following represents an analysis of the conceptual design of
the lot layout and buildability of the lot.
The neighborhood off El Cerrito Ave and Culloden Park to the west side is predominantly Single -Family
Residential with R7.5, R20, and R2a Districts, ranging from 7,500 sq ft to 2 acres in size, with the
exception of the subject parcel (currently zoned PD and encompassing over 6 acres. There are 6 lots to
the rear of the site in the Academy Heights Subdivision that are larger in size, ranging from 2 to 7 acres
in size, but are access from Twin Oaks Ave. The proposed two lots on this site, Parcel One at 3.00 acres
and Parcel Two at 3.24 acres, would still be the largest lots in the immediate neighborhood off El Cerrito
Ave and even Culloden Park. Development on Parcel One is proposed on only 1.0 acre of the new lot.
The building envelope would accommodate a hillside home designed to step up the slope, and minimize
hillside grading and impacts. Furthermore, the lot preserves the bulk of the site as open space and
maintains a significant buffer'between surrounding residential properties.
The applicant has demonstrated that the new lot can be development with a structure and site
improvements that are consistent with the Hillside Overlay District. As illustrated on Sheet TIV12a, a
conceptual plan demonstrates that a new home could be built that mess the size (6,500 sq ft), height
(30' measured to peak of roof), parking (2 covered spaces and 2 gy#,Si�paces) and stepback (20 ft
single wall plane) standards. Furthermore, the conceptual plan qe*ristrate that access to the site cani, ,
be attained with a driveway that exhibits a 10% slope, well beld�t-the 18% maximum allowed in hillside
areas.
In terms of retaining walls, the conceptual plan illustratps project without retaining walls to minimize the
amount of grading. The only small retaining walls sho"- are at the side of the garage to the main
structure where the structure is cut into the hillside. In general, the conceptual plan demonstrates that the
proposed new lot could be developed with a structure and meets the applicable standards and not
necessitate large retaining walls.
The preliminary drainage plan is to collect all run off from the new development, treat and hold it on site
and then direct it to the existing drainage facilities that traverse the adjacent properties on Culloden Park
Rd. Before the drainage is discharged into the existing drainage swales, it is anticipated that some sort of
detention basis or dissipater will be added to the site to meter the run off so that it does not exceed
current levels in terms of volume or peak flow. As a standard City regulation, drainage improvements are
required to mitigate excess runoff that will be caused by the new development. As designed and sited, it
is not anticipated that the project would increase run off from this site to adjacent sites or the street .
The lot would provide new water and sewer connections, which exist in the private road in El Cerrito Ave.
The City Traffic Engineer has reviewed and accepted the preliminary driveway layout and access. The
Public Works Department has also reviewed the conceptual drainage plans, and the sewer and water
service providers have reviewed utility requirements. It may be necessary for the owners to store trash
cans at the end of their driveway, or end of the private roadway during trash collection days.
Both Staff and the DRB recommend that the applicant has demonstrated that that new lot and the
proposed envelope are buildable with a structure that complies with all applicable development
standards and consistent with the hillside guidelines.
Subdivision Ordinance Consistency:
The following standards apply to subdivision of the hillside site:
REPORT TO PLANNING COMMISSION - Case No's: ZC1 11-0031TSI 1 -004/ED1 1-047 Page 9
15.06.040.a — Lot Access
This section prescribes that "Except as approved as part of a Planned Development District, established
in accordance with the zoning ordinance ..., all lots or parcels created shall have frontage on a public
street meeting the minimum requirements of this chapter for pavement and right of way widths. " In this
particular case, staff recommends that the site is within a PD zoning and would continue to use an
existing private roadway that is of sufficient size and shape to accommodate one additional residential
lot.
15.07.020 Lot design standards.
The maximum density allowed for subdivision and the minimum lot size and lot width are established by
this slope density calculations and sliding scale contained in this section of the Subdivision Ordinance.
For lots over 5 acres, the subdivider has the option of calculating the amount and location of land falling
into each slope category. Based on this the slope analysis (provided in Exhibit 5b), this 7.15 acre
(gross) property could yield a maximum of 2.1 dwelling units and each lot must have a minimum lot size
of 2 acres and average lot width of 150 feet. A slope density analysis has been prepared to identify the
amount of land area within each slope range and demonstrates the maximum density allowed on this
site as 2 lots, which the project proposes. Lower densities and larger lot sizes may be required where
potentially hazardous conditions or special natural features occur or, where development would be
highly visible to the neighborhood or community. In this particular case, the two lots that are allowed as
a maximum in this density range is recommended to be acceptable given that: a) the location of the lot
and it's topography would allow any development to have minimum off site visibility; a building
envelope is proposed to maintain any development at the lower portion of the new lot; c) and
preliminary feasibility studies have not found any geotechnical or drainage issues with the site.
The following criteria are also applicable to hillside subdivisions
(1) Subdivision grading minimized;
(2) Avoids highly visible hillsides and ridgeline development,
(3) Preserves hillsides as visual backdrop;
(4) Steep slopes avoided -
(5) Clustering of development to be utilized to minimize visual impacts;
(6) Tree preservation maximized;
(7) Minimizes removal of natural vegetation;
(8) More hazardouslunstable portions of site avoided;
(9) Mitigates geotechnical site constraints or conditions when needed;
(10) Buildings achieve hillside design quality; and
(11) Preserves or protects unique or special natural features of the site, such as rock outcroppings,
mature vegetation, landforms, creeks, drainage courses, hilltops or ridgelines.
As discussed throughout this report, the proposed subdivision would be consistent with these criteria in
that a building envelope is proposed at the lower portion of the site in a previously graded and less steep
portion of the site. The inclusion of a building envelope would avoid steep slopes of the site, preserve the
hillside as a visual backdrop and minimize grading. Furthermore, the location of the building envelope
would minimize tree loss due to any development,
15.07.030 Street, driveway and parking standards.
This section states that the minimum width for a public street is 25 feet and that narrower street widths
can be approved when it will reduce grading impacts and the number of lots, topography, and the level of
future traffic development justifies the reduction. This section further requires that each lot shall have a
private driveway with a grade not to exceed 18%. Lastly, this section requires that on lots created on
REPORT TO PLANNING COMMISSION -Case No's: ZC1 I -0031TSI I -004/ED11-047 Page 10
private streets shall provide a minimum of two (2) off-street, independently accessible guest parking
places for each dwelling unit intended to be developed on the lot. These parking spaces shall not be
located on the driveway apron.
Staff recommends that the project as designed is consistent with these requirements in that the
development would be served by an existing 16 ft wide private street and the addition of one new lot can
be accommodated on the street. The conceptual plans have demonstrated that the site can be
developed with a driveway with less than 18% slope and can accommodate the 2 required guest parking
given.
Hillside Residential Desion Guidelines Manual — Section IV.B1 (Subdivisions)
The Hillside Design Guidelines Manual also have special requirements for subdivisions in hillside areas.
These include:
® Preservation of Existing Natural Features. Hillside Residential Development plans should
demonstrate an effort to preserve and protect significant natural features in the layout and design
of streets, lots and grading patterns in subdivisions.
* Street Layout and Design. Streets, driveways, parking and emergency vehicle access should be
aligned to conform as closely as possible to existing grades and minimize the need for grading of
slopes.
10 Hillside Grading and Drainage. Changes to existing natural t rral . n through grading should be kept
to a minimum in order to preserve the inherent character' stid of sloping hillside sites.
Is Lot Configuration, Building Setbacks and Locations. lis ent of Building Envelopes is a
requirement on all parcels. The layout of lots sh erived from the form of the land- the
development plan should adapt to existing?1t d natural features, avoiding
unnecessary alteration of land forms. i r —PP
Appropriate studies have been conducted to evalug&&e hillside site for geotechnical, grading and
drainage and erosion control. The project has prepared a soils investigation report that was reviewed and
accepted by the City Public Works Department to have adequately evaluated the potential seismic and
landslide risks, and soil erosion associated with the potentially unstable slope and the site was found to
be suitable for development.
The development area for Parcel One has been intentionally placed at the base of the slope so as to
preserve to the greatest extent the natural hillside features on the upper portions of the site. In addition,
the siting of the structure at the lower portion of the site would maintain the street presence that other
structures exhibit along El Cerrito Ave. A building envelope is proposed for the new lot consistent with
the Hillside Design Guidelines Manual. Furthermore, nearly 67% of the site and the majority of the
upslope hillside will be preserved outside the building envelope, where construction will be prohibited.
The site would accommodate a house that is partially buried and steps with the natural topography of the
site, thereby limiting grading to 610 cy for the new home, and 60 cy for the driveway. That earth would be
retained and the grading would be balanced on site. Some restorative grading may be required upslope
of the proposed driveway. This area would be required to be re -vegetated with natural grasses for slope
stability. Drainage is also proposed to be collected and metered or dissipated so that the post
construction outflow from the site does not exceed the flow or volume of pre -construction condition.
Access to the new lot would be through the existing private roadway, El Cerrito Ave. Given the limited
amount of development that uses the road, the 16 -foot wide that exists is appropriate to serve the
handful of existing homes that currently use the road and the addition of the new lot.
The driveway design has been evaluated to assure adequate circulation and vehicle maneuvering,
Vehicles can enter and exit the site in a forward direction without being forced to back out, and that
emergency vehicle access is adequately accommodated. Based on site topography, it is feasible to build
a driveway with slopes less than the 18% standards established by the hillside guidelines. Again this is a
REPORT TO PLANNING COMMISSION - Case No's: ZC11-003/TS11-004/ED11-047 Page 11
conceptual review to show the feasibility of the proposed lot split and the design details on the final
grading, driveway siting and design and building architecture siting and landscaping will be reviewed in
complete detail at the time for formal design review.
This project was reviewed by the Design Review Board (DRB) on September 20, 2011 (Commissioner
Paul served as PC liason). There are no written minutes from this meeting given that Commission
meetings are now video recorded. The video of the actual proceedings from the meeting can be viewed
at www.citvofsanrafael.orq/meetings by clicking on the "video" link for the September 20, 2011 Planning
Commission meeting.
In summary, by a vote of 4-0-1 (Member Huntsberry absent), the DRB recommended approval of the
subdivision and project to the Planning Commission and City Council. The Board supported the project
as presented, finding the lot layout, building envelope logical and appropriate for the hillside site. They
also found that the applicant had adequately demonstrated that the new lot could be developed with a
new single family home in accordance with the hillside guidelines and standards. They did recommend
that certain improvements be allowed in the front of the property, between the front building envelope
and front property line, and suggested that these be defined. Staff has recommended the inclusion of the
additional language to section 25 of the Draft PD to clarify the type and scope of improvements that may
be installed to the front of the building envelope. Therefore, the area between the front property line and
the front of the building envelope is being designated as limited natural state area." and the following
clause has been added to the Section 2.F of the Draft.,PD language (Exhibit 2 —Attachment B).
"This frontage area may be develope h ' ° g #improvements such as: 1) street
access for pedestrians or vehicles su nveway and walkway and limited retaining
walls, 2) drainage and utility connection , ) other minor incidental structures or
improvements necessary to be placed at the front of the property such as mailbox, trash
can enclosure, etc), 4) limited ornamental landscaping, 5) limited fencing or gates; and
6) open wire fencing. The type, design and appropriateness of any improvements on the
frontage area shall be evaluated and approved through the Design Review Permit
process required for the development of the single family home. "
An Initial Study was completed for the project which resulted in preparation of a Mitigated Negative
Declaration (MND) on March 22, 2012. The document was prepared and circulated for a minimum 20 -
day public review period in compliance with the California Environmental Quality Act (CEQA), and was
provided to the Commission on March 23`d. The initial study relied upon a project specific geotechnical
investigation report prepared for the site. Source references are found on page 53 of the IS/MND
document.
The Draft Initial Study/Mitigated Negative Declaration concludes the project would result in potentially
significant impacts on Air Quality and Cultural Resources. Air Quality impacts are construction related
and would be addressed with measures to reduce dust and fumes. Standard mitigation is recommended
to address the low potential for Cultural Resources to be encountered during construction. Mitigation
measures are listed in a Mitigation Monitoring and Reporting Program prepared for the project, on pages
4 through 8 of the Untermann 2 -Lot Subdivision project Initial Study. All project impacts would be
mitigated to less -than -significant levels.
The project also self -mitigates its potential impacts on hillside scenic resources by clustering
development at the base of the hill near existing development, and preserving 2.00 acres of the upper
hillside slope as permanent natural state area. The project also self -mitigates potential drainage impacts
REPORT TO PLANNING COMMISSION -Case No's: ZC11-0031TSI I -004/EDII-047 Page 12
by including storm drainage improvements recommended in the drainage analysis, and proposing to
meet Marin County Stormwater Pollution Prevention (MCSTOPP) requirements for treatment of
stormwater runoff. All final improvement plans and details would be reviewed prior recordation of a final
map and/or issuance of building permits.
No neighborhood meeting was held for the proposed project. Notices were mailed to all property owners
and residents within 300 feet of the project site as well as the Culloden Park/Twin Oaks Homeowner's
Association, 15 days prior to the Design Review Board meeting and 20 days in advance of this Planning
Commission hearing (Exhibit 6). In addition, the site was posted with notice of this meeting 15/20 days in
advance each meeting.
To date, no written comments have been received regarding this project. Staff has fielded three verbal
inquiries about the project from surrounding neighbors. Two of the phone calls were prior to the DRB
meeting and were concerns/inquiries about drainage and traffic intensification from the new subdivision
and second unit, and speeding on El Cerrito Ave. The one phone call received prior to this Planning
Commission hearing was from a neighbor on Bryn Mawr Dr. asking rithis project would impact their
home. No written comments of verbal comments have been rec6v4d1on the Draft Initial Study/Mitigated
Negative Declaration from any neighbors or outside agencies=
OPTIONS
The Planning Commission has the following options. -----
1 . Recommend approval of the applications as presented (staff recommendation)
2. Recommend approval of the applications with certain modifications, changes or additional
conditions of approval.
3. Continue the applications to allow the applicant to address any of the Commission's comments or
concerns
4. Recommend denial of the applications and direct staff to return with appropriate Resolutions.
1. Vicinity/Location Map
2. Draft Resolutions
a. Draft Resolution Recommending Adoption of the Mitigated Negative Declaration and MMRP
b. Draft Resolution Recommending Adoption of the Planned Development Rezoning
c. Draft Resolution Recommending Approval of Tentative Parcel Map and Environmental and
Design Review Permit
3. General Plan 2020 Consistency Table
4. Zoning Ordinance Consistency Table
5. Application Materials
a. Letter from applicant, June 16, 2011
b. Calculation of Average Slope and Slope Density Analysis Table
6. Public Hearing Notice
7. Reduced project plans (11"x 17" plans distributed to the Planning Commission only)
Draft Initial Study/Draft Minted Negative Declaration (Previously distributed to the Planning Commission
at the start of the public notice period)
9e
§Sw
Y #` Xb
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020 —190 EL CERRITO AVE
LAND USE ELEMENT
LU -8. Density of Residential Development. Residential densities are shown in
Consistent
Exhibit 11, Land Use Categories. Maximum densities are not guaranteed but
The site has a Hillside Residential Resource General Plan Land Use designation, which allows densities of
minimum densities are generally required. Density of residential development on any
between 0.2 and 0.5 units per gross acre. Based on this density, the 7.15 acre site (gross acreage, including the
site shall respond to the following factors: site resources and constraints, potentially
portion of the private roadway) would be allowed between 1-2 units. The project proposes a total of 2 units and
hazardous conditions, traffic and access, adequacy of infrastructure, City design
would therefore be consistent with the allowable density range.
policies and development patterns and prevailing densities of adjacent developed
areas.
LU -23. Land Use Map and Categories. Land use categories are generalized
groupings of land uses and titles that define a predominant land use type (See Exhibit
11). All proposed projects must meet density and FAR standards (See Exhibits 4, 5
and 6) for that type of use, and other applicable development standards. Some listed
uses are conditional uses in the zoning ordinance and may be allowed only in limited
areas or under limited circumstances. Maintain a Land Use Map that illustrates the
distribution and location of land uses as envisioned by General Plan policies. (See
Exhibit 11).
HOUSING ELEMENT
H-1. Housing Distribution. Promote the distribution of new and affordable housing of
quality construction throughout the city to meet local housing needs.
Consistent
The Hillside Residential Resource land use designation is characterized as areas having very steep slopes which
have geologic or seismic constraints and may have community wide visual significance. This designation is
typical of sensitive hillside areas. Residential development is considered appropriate, if sensitively designed to
consider its hillside setting. The project concentrates proposed additional development to lower, disturbed areas
of the site and adjacent to existing residential development, with the upper hillside slopes preserved in private
open space. Furthermore, the new lot would be on a portion of the site that has limited visibility from downtown
and the south side of the valley. Appropriate geologic and seismic feasibility studies have been prepared and
revealed that the site is suitable for development. Therefore, the project is consistent with this policy.
Consistent
The project meets the housing element by implementing the minimum density range established for the hillside
site.
H-2. Neighborhood improvements. Recognize that construction of new housing Consistent
can enhance a community. Encourage investment in housing that adds to the The project must obtain an Environmental and Design Review permit for construction of a new home and comply
appearance and value of a neighborhood. with the hillside design guidelines. This would assure a high quality home is constructed that incorporates
appropriate hillside materials.
H-3. Design That Fits into the Neighborhood Context. Design new housing, Consistent
remodels and additions to be compatible in form to the surrounding neighborhood. The new lot proposes a building envelope (as required for hillside subdivisions) and development is located
Incorporate transitions in height and setbacks from adjacent properties to respect adjacent to existing residential lots. The building area and setbacks proposed are comparable to surrounding
adjacent development character and privacy. Respect existing landforms and residences and preserve upper hillside landforms. The building envelope proposed on the new lot would restrict
minimize effects on adjacent properties. the location of any new structure to the lower portions of the site and does not extend significantly higher than, nor
conflict with surrounding development patterns south, east and west of the site.
H-4. Public Information and Participation. Provide information on housing Consistent
programs and related issues. Encourage and support public participation in the Plans were referred to the Culloden/Quarry/Twin Oaks HOA in June 2011 since they are adjacent to the project
formulation and review of the City's housing policy, including encouraging site. Notices of the project were mailed to interested agencies and homeowners within 300 -feet of the site. A
neighborhood involvement in development review. Work with community groups to publicly noticed hearing was held before the Design Review Board on September 20, 2011, resulting in no public
advocate programs that will increase affordable housing supply and opportunities. comments from neighbors. No specific neighborhood design issues have been raised. Notices have also been
Ensure appropriate and adequate involvement so that the design of new housing will mailed to property owners and residents within 300 feet of the site, 20 days in advance of the April 10, 2012
strengthen the character and integrity of the neighborhood. Planning Commission hearing on the Draft Initial Study and project applications.
H-18. Adequate Sites. Maintain an adequate supply of land designated for all types
Consistent
of residential development to meet the quantified housing need for San Rafael. Within
The site is designated for extremely low density hillside residential development, which is proposed for the site.
this total, the City shall also maintain a sufficient supply of land for multifamily housing
The Hillside Resource Residential General Plan land use designation is the lowest residential density designation
to meet the quantified housing need of veru low, low and moderate income housing
in the City of San Rafael. As proposed, the project would be within the allowable densitv ranges for this
Exhibit 3 -1
tlntermann 2 Lot.Subdii,ision File #: ZCII-003/TSII-004/ED71-017
190 h7 Cerrito Ave Title: General Plan 2020 Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020 —190 EL CERRITO AVE
units.
H-19. Inclusionary Housing Requirements.
Require residential projects to provide a percentage of units for below market rate
(BMR) housing, as indicated below. Provide units affordable at below market rates for
the longest feasible time, or at least 55 years. The City's primary intent is the
construction of units on-site. The units should be of a similar mix and type to that of
the development as a whole, and dispersed throughout the development. Specific
requirements are:
• 10% for development with 2 — 10 Housing Units
NEIGHBORHOODS ELEMENT
NH -1. Neighborhood Planning. Engage neighborhood associations in preparing
neighborhood plans for their area.
NH -2. New Development in Residential Neighborhoods. Preserve, enhance and
maintain the residential character of neighborhoods to make them desirable places to
live. New development should:
• Enhance neighborhood image and quality of life
• Incorporate sensitive transitions in height and setbacks from adjacent
properties to respect adjacent development character and privacy
• Preserve historic and architecturally significant structures
• Respect existing landforms and natural features
• Maintain or enhance infrastructure service levels
• Provide adequate parking
designation. Therefore, the project would be consistent with the General Plan 2020 and would not reduce the
City's supply of land designated for housing development.
Consistent
The 2 lot subdivision project results in 1 additional unit and is not subject to this requirement.
Consistent
The project is in the Fairhills neighborhood area which contains specific policies in the General Plan. No specific
neighborhood plan has been prepared.
Consistent
The project has been designed to create a new single family residential lot adjacent to existing residences,
located at the lower portion of the site, and preserving the upper hillside slope within a permanent private
conservation restriction. The building envelope is approximately 1 acre of the proposed new 3 acre lot and is
similar in scale to adjacent lots. The application does not include a specific request for approval of a home design.
However, given that this is a hillside side, the city does not allow a hillside subdivision without a demonstration
that in concept a new home can be built on the site and comply with all hillside guidelines and standards (height,
size of building, parking, stepbacks, etc). There are no historic structures on the site. However, there is a historic
structure listed on the City's local historic inventory on an adjacent property (185 EI Cerrito Ave). Given the
topography and separation between the new building site and 185 EI Cerrito Ave, this subdivision would not affect
the historic structure. The project appears to be consistent with this policy.
NH -3. Housing Mix. Encourage a housing mix with a broad range of affordability, Consistent
character, and sizes. In areas with a predominance of rental housing, encourage The project proposes additional single-family residential housing consistent with the desired density and land use
ownership units to increase the variety of housing types. designation of the site. In addition, the site could accommodate a second dwelling unit. Second dwelling units are
not counted towards density, and are allowable uses in all single family areas.
NH -5. Safe Streets. Provide neighborhood streets that are safe, pleasant, and Consistent
attractive to walk, cycle and drive along. The project would utilize an existing private road and additional road widening and upgrades have not been
deemed necessary. The existing private street at EI Cerrito Ave is currently approximately 20 feet wide and does
not include sidewalks. The project may be deemed consistent with this policy, particularly given that the private
road is not a through street, serves a limited number of 12 single-family residences and does not require road
improvements. Of course, improvements to upgrade the private roadway would also be consistent with this policy.
NH -6 Bicycle and Pedestrian -Friendly Streets. Create bicycle and pedestrian Consistent
friendly residential streets with large street trees, sidewalks and other appropriate As discussed above, no improvements for the existing private road serving this lot are deemed necessary. The
amenities. private road connects with a fully improved public roadway at Bryn Mawr Dr, which is within 350 feet of the
proposed driveway to the new lot. Given the limited private residential use of the property, with no public
Exhibit 3 -2
11niermann 2 Lot Subdivision File 4: ZCI1-003/TSII-004/EU11-047
1901,'/ Cerrito Ave Title: General Plan 2020 Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020 -190 EL CERRITO AVE
NH -7. Neighborhood Identity and Landmarks. Enhance neighborhood identity
and sense of community by retaining and creating gateways, landmarks, and
landscape improvements that help to define neighborhood entries and focal points.
NH -100. New Development. Retain the existing character of the neighborhood,
including both historical homes and the natural setting by
Maintaining the authentic historic value and ambiance of the neighborhood's
older housing;
Assuring that new development and significant remodeling respect and enhance
the character of the shrouding housing; and
Protecting hillside areas by clustering new development where appropriate to
maximize open space preservation and by carefully evaluating the location, size
and height of new structures, road design and adequacy for safety of vehicles,
grading, structural foundations, surface and sub soil drainage, excavation,
earthfills and operations in order to avoid buildings which are excessively visible
or out of scale, soil erosion, scarring of the natural landscape , obstruction of
scenic vistas from public vantage points or loss of natural vegetation and wildlife
habitat.
COMMUNITY DESIGN ELEMENT
CD -1. City Image. Reinforce the City's positive and distinctive image by recognizing
the natural features of the City, protecting historic resources, and by strengthening the
positive qualities of the City's focal points, gateways, corridors and neighborhoods.
CD -1a. Gateway Enhancements. Fund gateway enhancements.
CD -1 b. Finer Grain Design Qualities. Develop neighborhood or corridor
plans to identify more detailed design qualities and elements.
CD -1c. Way -Finding Signage. Prepare and implement an attractive
citywide way -finding sign program to direct people to the City's cultural
resources, public facilities, parks and other important destinations.
CD -1d. Landscape Improvement. Recognize that landscaping is a critical
design component. Encourage maximum use of available landscape area
to create visual interest and foster sense of the natural environment in new
and existing developments. Encourage the use of a variety of site
appropriate plant materials.
CD -2. Neighborhood Identity. Recognize and promote the unique character and
integrity of the city's residential neighborhoods and Downtown. Strengthen the
"hometown" image of San Rafael by:
• Maintaining the urban, historic, and pedestrian character of the Downtown;
• Preserving and enhancing the scale and landscaped character of the
City's residential neighborhoods;
• Improving the appearance and function of commercial areas; and
+ Allowing limited commercial uses in residential neighborhoods that serve
local residents and create neighborhood -gathering places.
CD -3. Neighborhoods. Recognize, preserve and enhance the positive qualities that
give neighborhoods their unique identities, while also allowing flexibility for innovative
design. Develop programs to encourage and respect the context and scale of existing
lInterniarnr 2 Lot .Subdivision
190 F.I t 'errito : l ve
improvements required, the development may be considered consistent with this policy.
Consistent (Not applicable)
The project is not located at a gateway or neighborhood entryway.
Consistent
The Fairhills neighborhood is an essentially built out neighborhood. The primary land use in the Fairhills
neighborhood is single-family residential. As discussed above, the proposed new home -site is located in an area
that would not be visible from key public vantage point in downtown or along the hills on the south side of the
valley. Furthermore, on the new home site, the proposed envelope would cluster the new structure at the base of
the site and thereby below the natural hillside setting on the upper portions of the site. The adjacent historic
structure, (castle at 185 EI Cerrito Ave) is identified on San Rafael's historical survey, but would not be adversely
affected by the proposed development given the separation and topography of the structure and the proposed
new lot. Therefore, the project is considered to be consistent with this policy.
Consistent
As discussed above, the project would preserve the open space hillside, is not a neighborhood entryway, and
would not affect historic resources.
Consistent
As discussed, the proposed residential home would be compatible with the adjacent detached single family
residential development, and is in keeping with the General Plan 2020 land use designation and Fairhills
neighborhood.
Consistent
The project is within the Fairhills neighborhood and
consistent with the neighborhood scale and pattern.
Exhibit 3 -3
proposes single-family development, which is entirely
File #: ZCI I-0031TSI I -004/EDI I -047
Title: General Plan 2020 Consistency Table
EXHIBIT
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2W20-190 ELCERRITO AVE
neighborhoods.
CD -5. Views. Respect and enhance to the greatest extent possible, views of the Bay Consistent
and its islands, Bay wetlands, St. Raphae|'schurch bell tower, Canolfrnm.marinas, This proposed project would not have a significant impact on views of the hills and ridgelines that are located
Mt. Toma|pais.Marin Civic Center and hills and hdgo|inesfrom public streets, parks north of the proposed development given that the house would not block a significant portion of the hillside or
and publicly accessible pathways. silhouette above the ridge. The proposed project has demonstrated that it could be built within the 30 -ft height
limit established for the site and within the context of the surrounding development. Furthermore, on September
20, 2011 the Design Review Board reviewed the proposed project and concluded that, as proposed, the
subdivision layout and conceptual home design are appropriate for this hillside setting and would be consistent
with the pertinent design policies.
CD -6. Hillsides and Bay. Protect the visual identity of the hillsides and Bay by Consistent.
controlling development within hillside areas, providing setbacks from the Bay, and As discussed above,project clusters the new development of a scenichillside and preserves the
providing public access along the Bay edge. upper hillside slope as permanent private open space. The topography of the area, the location of the new lot and
CO-6u.Hillside Design Guidelines. Continue hoimplement hillside design the siting of the proposed building envelope are such that the development would not be visible from other public
guidelines through the design review process. Update the guidelines ao vantage points within San Rafael (except from E|Cerrito Ave)
needed.
CD'Gb.Wetland Setbacks. Continue ooimplement the wetland setbacks
addressed in Policy CON -4 andi the zoning ordinance.
CD-6cPublic Access Opportunities. Continue mevaluate public access
opportunities txmuohthe development review process.
oD-13. Single -Family Residential Design Guidelines. Recognize, preserve and
enhance the design elements that contribute to the livability of neighborhoods and
their visual appearance. Recognize that each neighborhood is unique, and that
design review must consider the distinct characteristics of individual neighborhoods.
Develop design guidelinestoensure that new development fits within and improves
the character -defining elements ofneighborhoods.
CD4aParticipation inProject Review. Provide for public involvement mthe review
of new development, renovations, and public projects with the following: a)design
guidelines and other information relevant mthe project asdescribed inthe
Community Design Element that would baused byresidents, designers, project
developers, City staff, and City decision makers; U)distribution ofthe procedures of
the development process that include the following: submittal information, timelines
for public review, and public notice requirements; c)standardized thresholds that
state when design review of projects is required (e.g. residential conversions, second-
storyagdidpns);angg)effectwenvb|icpaxidpwhoninthonwiewpmceos.
CIRCULATION ELEMENT
C-4.Safe Roadway Design. Design ufroadways should uosafe and convenient for
motor vehicles, oonoh bicycles and pedestrians. Place highest priority onsafety. |n
order »nmaximize safety and multimodal mobility, the City Council may determine that
an intersection is exempt from the applicable intersection level of service standard
where it is determined that a circulation improvement is needed for public safety
considerations, including bicycle and pedestrian safety, and/or transit use
improvements.
C-4a.Stme Pattern and Traffic Flow. Support efforts uythe City Traffic
Engineer uvconfigure orre-configure street patterns snpotoimprove traffic
flow and turning movements inbalance with safety considerations and the
desire not towiden roads.
Consistent
The project has been reviewed by the Design Review Board on September zU 2811 recommended as consistent
with the Hillside Design Guidelines and the San Rafael Design Guidelines. The Board recommended approval of
the building envelope and setbacks which were considered appropriate and would assure development was
compatible with the adjacent homes. Final design review approval of the house is required to assure the design
will comply with the Hillside Design guidelines.
Consistent
The application was referred mthe surrounding neighborhood and interest gmups Notices pfpublic hearings
were mailed toall property owners, neighborhood groups andinterested parties within 3OOfeet ofthe project site
informing them of the proposed project and all public meetings. In addition, the site was posted with notice of all
public meetings oothis proposed project,
Consistent.
The project utilizes an existing private roadway that connects to a fully improved public street (Bryn Mawr Dr
Lome)The City may approve alternative street designs for hillside development. The construction ofone
additional single-family residence would not contribute significant additional traffic nor increasetrips that would
exceed LOS standards at nearby intersections (i.e., Bryn Mawr Dr/Mission Ave; Bryn Mawr Dr/Culloden Park Rd
orCulloden Park Rd/Forbes xvw.)
Exhibit 3-4
O"armum/2LmJxhdi,*mv File #: 7 -C// -003/T,51/ -0041E3)//-047
/9V8Cerrito Jvc Title: General Plan 200Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAELGENERAL PLAN 2020-190BLCERRITO AVE
C-4uStreet Design Criteria mSupport Alternative Modes. Establish
street design criteria mthe extent permitted byState law msupport
alternative transportation modes mbetter meet user needs and minimize
conflicts between oonpe*ingmoden.
C'4u.Appropriate LOS Standards. At the time City Council approves a
roadway improvement and safety exemption from the applicable LOS
standard, the appropriate LOS will beestablished for the intersection.
C-5. Traffic Level nfService Standards.
A. Intersection LOS. |norder tnensure aneffective roadway network,
maintain adequate traffic levels of service (LOG) consistent with standards
for signalized intersections inthe A.M.and P.M.peak hours ooshown
below, except aaprovided for under (B) Arterial LOS.
C-7. Circulation Improvements Funding. Take astrong advocacy role in securing
funding for planned circulation improvements. Continue mseek comprehensive
funding that includes Federal, State, County and Redevelopment funding, Local
Traffic Mitigation Fees and Assessment Districts. The local development projects'
share n/responsibility mfund improvements iobased on: (1) the generation of
additional traffic that creates the need for the improvement: (2) the improvement's role
in the overall traffic network; (3) the probability of securing funding from alternative
sources; and (4)the timing cxthe improvement.
C-26. Bicycle Plan Implementation. Make bicycling and walking enintegral part or
daily life inSan Rafael by implementing the San Rafae,nBicycle and Pedestrian
Master Plan,
C-27. Pedestrian Plan Implementation. Promote walking as the transportation mode
of choice for short trips by implementing the pedestrian element of the City's Bicycle
and Pedestrian Master Plan. maddition tupolicies and programs outlined inthe
Bicycle and Pedestrian Plan, provide support for the following programs:
C-28. Urban Trail Network. Encourage identification, renovation and maintenance of
an urban trails network throughout San Rafael to encourage walking and appreciation
n,historical and new pathways.
u-%8aUrban Trail Network Project. Prepare aplan tuinclude umap and
descriptions of existing and potential urban trails in San Rafael. Urban trails
tn»eidentified include, but are not limited to, historic neighborhood
stairways and walkways, Downtown alleyways, park pathways, and
cmeksioepaths. The document should identify enetwork nfcunneodng
pathways that can bepromoted for walking enjoyment, and means m
preserve and maintain thnsopatha.
INFRASTRUCTURE ELEMENT
1-2. Adequacy of City Infrastructure and Services. Assure that development can be
adequately served by the City's infrastructure and that new facilities are well planned
and well designed.
Consistent
Development ofone i le-fanilynmmenoowmumgonerateuppnmimately 1eM.and 1P.M. peak hour trip. The
LOS D standard is established for nearby intersections. The project has been reviewed by the City Traffic
Engineering Division and the additional peak hour trips would not cause the LOS D threshold to be exceeded.
Therefore, the proposed project would beconsistent with this policy and the fee would berequired 0obnpaid prior
missuance ofabuilding permit for the new home
Consistent with condition
Anpart nfthe General Plan 2O2O.circulation improvements necessary |omaintain LOS standards, improve safety
and relieve congestion in San Rafael were identified. To help fund these improvements, all development projects
that generate additional A.M. or P.M. peak hour trips must pay Vraffic mitigation fees. This project wouldbe
required to pay mitigation fees for 2 additional peak hour trips, in the amount of $8,492.00 ($4,246.00 x 2 trips)
prior missuance ofobuilding permit for the new home.
Consistent
There are no portions of the San Rafael Bicycle and Pedestrian MasterPlan that are applicable mthis site.
Consistent�
See C-26 above
Consistent
The subject site is surrounded by private property and does not directly border public open space. This site is not
currently a designated connection point by the General Plan.
Consistent
The public utility agencies that would provide water, sewer and other services mthe site have reviewed the
proposed project and determined that there isadequate capacity mservice the new project. The site would
require extension of water service to the new huuoo, and development would connect to existing sewer lines.
Utilities are located within the private driveway and extend downhill to existing public systems in El Cerrito Ave
and further downhill. The water agency, MwxND.has indicated that the design ofthe new lot line would need tobe
modified slightly mnot bisect ooexisting facility and easement that exists onthe site. This slight modification will
be included as a condition of approval. Drainage would discharge through existing private mpm"emonts, and
based on city ordinances and the preliminary drainage study, the amount and rate of discharge would not be
Exhibit j-5
/�ntcnx000JLot Subdivision File 4: 2C1/-003/TS//-004/5D//-047
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAELKSENERAL PLAN 2020-190 ELCERRITO AVE
1-4. Utility Undergrounding. Continue mpursue theundergmwnding of overhead
utility lines.
PARKS AND RECREATION
Ultimately, drainage connects with storm drainage infrastructure in Culloden Park Rd
which runs in open and closed systems parallel toFairhUbAve ands Mission Ave. There are nninfrastructure u,
capacity issues with sewer, water and stormdrainage systems downstream of the site.
Consistent with Condition
The site is already served by utilities and a based on City new utility connections would berequired m
be undergrounded. A condition of approval has been added to require this undergrounding.
-PR-25. Contributions by Ownership Residential
Development. Require developers o*new residential housing mprovide for the The project will pay its fair share contribution to parklands in accordance with Title 15 of the San Rafael Municipal
recreational needs v(future residents ofthat development inaccordance with Code; which implements this policy and the Quimby Act.
Recreation Element standards and Quimby Act Subdivision Parkland Dedication
Requirements. Needs would besatisfied bythe dedication ofland and development
mrecreation facilities ,oserve the new residents. In -lieu fees will uerequired ifa
finding is made that dedication and development ofparkland isnot afeasible n,
appropriate option.
PR-2aa.Parkland Dedication Ordinance. Maintain and update o»
necessary the Parkland Dedication Ordinance.
S-1. Location of Future Development. Permit development only in those areas Consistent
where potential danger mthe health, safety and welfare of the residents of the A GeotechniGal Feasibility Report has been prepared for the site in compliance with the Geotechnical
community can ueadequately mitigated. Review process, and found that the project would not pose potential danger to the health, safety and welfare of
the community. The report identifies that the site issuitable for subdivision and development with eresidential
structure.
S-3.Use vfHazard Maps inDevelopment Review. Review Slope Stability, Seismic -C6vsJ stent �
Hazard, and Flood Hazard Maps at the time adevelopment iuproposed. Undertake The Geology and Stability Map and Flood Hazard Area Maps of the General Plan, Exhibits 27 and 29, were
appropriate studies massure identification and implementation ofmitigation reviewed and hwas determined that based onthese maps, the site ks not located inu10OYaorflood hazard area
measures for identified hazards. and located in an areas that hosts Franciscan Melannge. A Geotechnical Feasibility Study was prepared, and
reviewed by the Department of Public Works, and concluded to adequately assess the site conditions.
S*Geotechnical Review. Continue mrequire geotechnical investigations for
development proposals as set forth
(Appendix F), Such studies should determine the actual extent of geotechnical
hazards, optimum design for structures, the advisability of special structural
requirements, and the feasibility and desirability of a proposed facility in a specified
S-5. Minimize Potential Effects unGeological Hazards. Development proposed
within areas vfpotential geological hazards shall not beendangered by, nor
contribute to, the hazardous conditions vnthe site nronadjoining properties.
Development inareas subject tnsoils and geologic hazards shall incorporate
adequate mitigation measures. The City will only approve new development mareas
ofidentified hazard xsuch hazard can heappropriately mitigated.
S's.Seismic Safety ovNew Buildings. Design and construct all new buildings tv
resist stresses produced byearthquakes. The minimum level ufseismic design shall
be in accordance with the most recently adopted building code as required by State
Consistent with conditions
The Department of Public Works has concluded that the level of investigation performed for the additional
residence is adequate and appropriate to confirm the suitability o[site do"e|upmon6, proposed construction
techniques and develop final foundation and retaining wall solutions.
Consistent with conditions
The above-mentioned Geotechnical Investigation Report found that the proposed development was feasible from
ageotechnical standpoint and standard geotechnical recommendationswere identified Voensure the potential
hazards would not endanger the proposed development.
Consistent
The proposed project would entail all new construction and would be built in accordance with the most current
building and seismic codes as required by the City's Municipal Code.
Exhibit J-6
(/xmnxmm2 L.x3vb6v,io// File 4: ZC//-V03Y73//-0V41EJ7//-047
/Y0lJCerrito ./``^ Title: General Plan 2020Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020-190 ELCERRITO AVE
law.
S-12.Use cf Environmental Databases inDevelopment Rovmw. Review the San Consistent
Rafael Fire Department's database of contaminated sites at the time a development is Review of state Geotracker and listed hazardous waste sites show no such sites are located in the vicinity.
proposed. Undertake appropriate studies to assure identification and implementation Additionally, the Fire Department has reviewed the list of contaminated site and this site imnot included nnthe list.
ofmitigation measures for sites nno,near identified hazards. mofurther studies o/action iorequired.
S1r.Flood Protection ofNew Development. Design new development within the
bay mud areas to minimum floor elevation that provides protection from potential
impacts mflooding during the 00-ye*rflood. The final floor elevation (elevation of
the first floor at completion of construction) shall account for the ultimate settlement of
the site due mconsolidation ofthe bay mud from existing and new loads, taking into
account soils conditions and the type nfstructure proposed. Design for settlement
over aoQyearperiod istypically considered sufficient.
S-1VStorm Drainage Improvements. Require new development toimprove local
storm drainage facilities maccommodate site runoff anticipated from o^1OO-year,
storm.
s48a. Storm Drainage Improvements. Require that new development
proposals which are likely tnaffect the limited capacity ofdownstream
storm drainage facilities provide ahydrological analysis ufthe storm drain
basin ufthe proposed development and evaluate the capacity ofexisting
downstream storm drainage facilities and fund improvements m
accommodate increased drainage from the project site resulting from u
1O0-yea,storm, where practical.
S-22. Erosion. Require appropriate control measures in areas susceptible to erosion,
mconjunction with proposed development. Erosion control measures and
management practices should conform tothe most recent editions ofthe Regional
Water Quality Control Board's Erosion and Sediment Control Field Manual and the
Association ofBay Area Governments' Manual v/Standards for Erosion and
Sediment Control urequivalent.
S -22a. Erosion Control Programs. Review and approve erosion control
programs for projects involvinggrading one acre ormore o/5.0O0square
feet o[built surface aarequired byStandard Urban 0onnwamr
Management Plans (GuSUMP).Evaluate smaller projects onacase-by-
case basis.
ase-uy'cmseboaia.
S-2ub.Grading During the Wet Season. Discourage grading during the
wet season and require that development projects implement adequate
erosion and/or sediment control and runoff discharge measures.
e'2s.Regional Water Quality Control Board (RxxQoB)Requirements. Continue
mwork through the Marin County Otunn*moorPollution Prevention Program to
implement appropriate Watershed Management plans asdictated inthe RVvOCB
general National Pollutant Discharge Elimination System permit for Marin County and
the local stormwater plan.
Consistent
The subject site is not located in the 100 -year flood zone and would be required to be constructed in accordance
with Chapter 18 of the City's Municipal Code
Consistent.
At the time of the development of the structure, the project would be required minclude on-site retention, swales
and improvements to contain storm runoff and discharge water in an appropriate manner. The location and size
of the facilities would depend on placement of the structure and would be therefore evaluated as pan of the
Design Review Permit process required for the new home. Final grading and improvement plans will ba required
that include these details.
Consistent with conditions
Erosion control and storm~ate,pollution prevention plans are required as a condition of development.
Consistent with condition
This project has been reviewed bythe City's Public Works Department which implements the Gtormwater
Pollution Prevention standards and regulations. As designed, the proposed project includes adequate measures
to reduce stormwater run-off consistent with the standards established by the RWQCB. The project would direct
all run-off to the landscape areas and on-site filtration devices, before being discharged into the City's stormdrain
system. Astandard condition nfapproval would require the applicant tusubmit uStorm Water Pollution
Prevention Plan (SWPPP) for review and approval by the City of San Rafael Public Works Department prior to the
issuance ofbuilding permits.
S-26.Fire and Police Services. Maintain adequate cost-effective fire protection, 66�si stent"xthvnnditims
-
paramedic and police services. Minimize increases in service needs from new The City of San Rafael Police and Fire Departments have both reviewed the proposed project and certain
development through continued fire prevention and community policing programs, conditions ofapproval mensure that the new development would comply with their regulations and standards.
The Fire Department has found that the proposed subdivision layout would comply with all Fire Codes. More
opocifiomquimmentsfo[dovempmantof/xeoioawithastmctvmwi}|bomquimUa|thetimovfeviewofthe
Exhibit 3'7
/In^,,ouvoJLot Subdivision
/o0LlCerrito Ave
File 4: %C/I-00317S//'0041ED//-047
Title: General Plan 2020 Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020-190 EL CERRITO AVE
design level plans for the new home and recommended conditions of approval would be required to ensure
inclusion nffire sprinklers and avegetation management plan.
S-31. New Development in Fire Hazard Areas. Design new development located on Consistent with conditions
or adjacent mnatural hillsides oominimize fire hazards mlife and property. According mthe Fire Department, the subject site is located mahigh fire hazard area and would bosubject m
compliance with the wildland urban interface (WUI) zone. Landscape and building plans would be subject to
review to assure plant species, building techniques and vegetation management are correctly implemented for the
zone. More specific review ofthis will borequired aupart ofthe formal design review process when the specific
home design wsubmitted for review and approval.
S-32. Safety Review ufDevelopment Projects. Require crime prevention and fie Consistent
prevention techniques innew development, including adequate access for emergency See S-28above.
NOISE ELEMENT
N-1.Noise Impacts unNew Development. Protect in new development from
excessive noise by applying noise standards in land use decisions. Apply the Land
Use Compatibility Standards (see Exhibit 31) to the siting of new uses in existing
noise environments. These standards identify the acceptability ofaproject based on
noise exposure, 0aproject exceeds the standards }nExhibit 31.anacoustical
analysis shall be required to identify noise impacts and potential noise mitigations.
Mitigation should include the research and use of state-of-the-art abating materials
and technology.
w-8.Nuisance Noise. Minimize impacts from noise levels that exceed community
sound levels.
N-9aEnforce and Update the Noise Ordinance. Enforce and update, an
necessary, the City's Ordinance that addresses common noise
nuisances including amplified music, outdoor mechanical equipment and
construction activities.
w-1uu.Mitigation for Construction Activity Noise. Through
environmental review, identify mitigation measures mminimize the
exposure pfneighboring properties toexcessive noise levels from
construminn'm|omuamivity.
N-10cNoise Specifications. Include noise specifications inrequests for
equipment information and bids for new City equipment and consider this
information anpart ofevaluation nfthe bids.
N -10d. San Rafael Rock Quarry. Seek tuminimize noise impacts of the
quarry and brickyard operations through cooperative efforts with the County
o/Marin through its code enforcement and land use entitlement processes.
OPEN SPACE
OS4.Open Space Preservation. Preserve, through nvariety ofmethods, the open
space areas identified mthe Inventory ofPotential Open Space Sites (See Appendix
V.Retain and protect open space areas that serve aodelineators between
neighborhoods and between wdjaonntcommvnitiem.asw/|d|m*oabixat.undasvieua|
assets for the community. Open space areas can also function usconnections
between neighborhoods, for example with the
creation vfpathways inen imnmentaUyoppmphehaamau.
VS -1a. Open Space Inventory. Update the Inventory ofPotential Open
Consistent
The project would be adjacent to existing residential development and would be oonoiumm with the nn|ao
element.
Consistent with conditions
Construction noise would be regulated bythe City noise ordinance massure compliance.
Consistent
The site is not designated in Appendix 1. However, the upper hillside slope serves as scenic visual open space.
This area would be preserved as private open space and no further development would be allowed.Development
ieclustered atthe bottom o,the hillside slope, along the exiting private roadway.
Exhibit -8
/»vo,nvn/!L^,JvWi,aaw File #: ZC//-kI3I%Y /-0041Y3///-047
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020-190ELCERRITO AVE
Space Sites. Identify and prioritize open space parcels for future protection.
Maximize the use nfavailable resources when assessing City involvement
insecuring open space byapplying the following non -prioritized evaluation
a. Environmental health and safety issues (specifically geology and hydmlogy).and
pmeoha|gavoeisnic hazards.
b. Resource Areas and Aesthetics (visual backdrop oredge, unique site features,
shorelines/ridgelines, wetlands, wildlife habitat including wildlife movement
corridors and habitat for endangered species).
c. Importance tothe community aaowhole o,adjoining neighborhoods.
d. Merits n[alternative uses.
e. Proximity tuother open space areas.
f. Recreation potential.
g. Accessibility.
x. Availability ofoutside financial assistance.
i
Potential maintenance and management costs and liability exposure for the
OS4b.Preservation Opportunities. Through the development review process,
preserve open space areas identified onthe Open Space Inventory. Encourage
the dedication ofopen space areas that are adjacent mpublic open space.
Possibilities also include acquisition nffee title nracquiring easements for
preserving open space. When potential open space isnot contiguous toexisting
public open space, the preference ieturetain the open space inprivate
ownership. When portions of a site are retained as private open space, ensure
the preservation and management of that open space through appropriate
means, including required maintenance, aodetermined though development
review. Work with other public and non-profit agencies tpidentify sources for
acquisition and maintenance nfopen space.
OS4u.Cluster Development. Aspart ofthe development review process,
encourage the clustering nfdevelopment topreserve desired open noawa.
OS'3.Open Space Use. Protect and preserve the natural value o,open space and
wildlife habitat areas while permitting educational and recreational uses compatible
with these resources. Specific use objectives include:
a. Open space areas should hemaintained inanatural state.
b. Open space areas are acommunity resource for use and enjoyment uythe
residents ofSan Rafael.
C. Uses ofopen space areas shall bosecondary mopen Space preservation, and
limited tothose uses with aminimal impact unthe environment.
nS-naManagement nfPrivate Open Space. |ndesignating open space eo
part ofedevelopment project urwith the dedication ofland for open space,
identify limitations tvuses mthose areas, such anrestrictions onornamental
landscaping, structures and fences.
OS'4.xccess tnOpen Space. Encourage provision ofaccess tnopen space areas
in the design of adjacent development. Secure access paths shown on Exhibit 34 as
part ofsubdivision approvals and design access paths toavoid o,minimize
neighborhood and user conflicts with sensitive wildlife habitat areas.
OS~*^.Access Points. Through the development review process, identify
access points and parking areas voueretained and required improvements.
CONSERVATION ELEMENT
Consistent.
See discussion ofOS-1above.
Consistent. �
This site isnot designated asunopen space access point onExhibit 34.
Exhibit -9
/Jnlermunn2Lo/Subt&,si'm File 4: ZC//-00J/TS]/-V041ED/1-047
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAELGENERAL PLAN 2D20-190 ELCERRITO AVE
CON -11. Protection of Environmental Resources. Protect or enhance environmental Consistent
resources, such anmunoinogewavo. The proposed project would be developed on a previously graded and disturbed portion of the site with the
shorelines and habitat for threatened and endangered species. undeveloped uphill slope preserved as a permanent conservation area.
CON -4. Wetland Setbacks. Maintain aminimum 5V-fmtdevelopment-free setback
from wetlands, including, but not limited to, paving or structures. Setbacks of greater
than 5Ufeet may be required unlots nftwo o,more acres osdetermined through
development review. The City may waive this requirement for minor encroachments if
itcan bedemonstrated that the proposed setback adequately protects the functions n[
the wetland tothe maximum extent feasible and resulting values to the satisfaction of
the City after review bythe appropriate regulatory agencies.
CDm'6.Creek and orainagewavSetbacks.
Require development -free sexhacks.oxoeptforopocificammxspuimnaeappmvod
per policy CON-7(Public Access mCmexe).from existing creeks and dminwgawoys
that will maintain the functions and resulting values of
these habitats, Appropriate erosion control and roadway crossings may encroach into
the development setback. |othe absence nfvegetation, promote new growth of
natural
habitat.
a. Creek Setback. Maintain uminimum a5 - foot development -free setback from
the top o[creek banks for all new development (induding.but not limited to,
paving and mmctvnas).except for Miller Creek and its tributaries, where a
minimum oo-fbmsetback shall bemaintained. Setbacks upm10ofeet may bo
required onlots nrdevelopment projects two u,more acres msize where
development review determines a wider setback is needed to maintain functions
and resulting habitat values and mareas where high quality riparian habitat
exists. The City may waive this requirement for minor encroachments if itcan bn
demonstrated that the proposed setback adequately protects the functions nfthe
creek mthe maximum extent feasible and resulting values mthe satisfaction of
the City after review bythe appropriate regulatory agencies.
b. Dmina8pwaySetbacks. Dminegewaysetbacks shall beestablished through
individual development review, taking into account existing habitat functions and
resulting values.
CON -6a. Municipal Code Compliance. Ensure that the San Rafael Municipal
Code complies with local, state, and federal regulatory agencies requirements
for erosion control.
CON -S. Enhancement ofCreeks and DrainaQoways.Explore enhancement of, and
support continuous upgrades to, drainageways to serve as wildlife habitat corridors
for wildlife movement and mserve osflood control facilities toaccommodate storm
drainage. Require creek Enhancement and associated riparian habitat
restoration/creation for projects adjacent to creeks to maintain storm flows, reduce
erosion and maintenance and improve habitat values, where feasible.
oVw-Va.Creek Restoration. Encourage and support efforts uy
neighborhood associations, environmental organizations and other
interested groups tnfund creek enhancement, restoration and maintenance
programs.
CVm'nu.Tree Retention. Retain trees along creeks, where possible, for
preservation o(riparian habitat and o,inhibit growth n(algae.
CON -9. Native and/or Sensitive Habitats. Protect habitats that are sensitive, rare,
declining and unique orrepresent ovaluable biological resource.
Consistent
The project does not impact wetlands. There are no creeks on site. An existing drainage ravine that runs
southerly along the new lot line is proposed to be located outside the building envelope, thus within a permanent
conservation area.
Consistent
See Con -4 above
Consistent
See Con -4 above
Consistent
See CON -1 above. Wildlife corridors and natural vegetation will be protected in a permanent private open
Exhibit J -1V
/1nu,nmon26xxvhdi.`isax, File 9: DC}/'0031T3//'0041ED//-047
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2Q20-180 ELCERRITO AVE
CON -10. Impacts to Sensitive Habitats. Minimize impacts to sensitive natural
habitats through careful planning. Require compliance with applicable laws and
regulations.
c6m-1 1.Wildlife Corridors. Preserve and protect areas that function aswildlife
corridors, particularly those areas
that provide natural connections permitting wildlife movement between designoted
sensitive habitats.
CON -12. Preservation of Hillsides. Encourage preservation of hillsides, ridgelines
and other open areas that serve as habitat and erosion protection as well as visual
backdrops murban areas.
CON -13. Threatened and Endangered Species. Preserve and protect threatened
and endangered species of plants and animals formally listed consistent with the state
and federal endangered species acts including protection «[ their habitat.
CON 4. Special Status Species. Preserve and protect special status plants and
animals, including candidate species for listing under the state and federal
endangered speciesacts, California species ufspecial concern, California Native
Plant Society List 10plants, and other species protected under provisions of
California Fish and Game Code.
CON-1s.Invasive Non -Native Plant Species. Remove and control selected
undesirable invasive non-native plant species from City -owned open space and road
right of and encourage the removal and control nfthese invasive plant species
from non -City owned ecologically -sensitive areas.
COwA 5a.Invasive Plant Ordinance. Consider the legality, feasibility and
enforceability ofmnInvasive Plant Ordinance addressing the removal of
invasive species on private and public properties. As part of the ordinance,
evaluate the benefits and impacts ofusing herbicide vninvasive species
where there are noother feasible controls.
oom-1su.Removal vxInvasive Species vnPublic Property. Institute a
program toremove invasive plant species oopublic properties. Consider
the use n/volunteers and private organizations massist inthis effort.
CON -16. Landscape with Native Plant Species. Encourage landscaping with native
and compatible non-native plant species, especially drought -resistant species.
CON'1aa.Distribution ufInformation. Distribute Marin Municipal Water
District and other organizations' educational materials about native plant
landscaping.
CON -18. Resource- UicipntBuilding Design. Promote and encourage residences
mberesource, energy and water efficient bycreating incentives and removing
obstacles tnpromote their use.
Cnw'18aEnergy-efficient Homes. Encourage the construction nfhomes
and buildings that exceed Title zostandards. Consider adoption ofun
ordinance requiring greater energy efficiency inconstruction uflarger
»umpo.
oON-1oh.Zoning and Building Code Review. Identify barriers to
resource efficiency iothe Zoning and Building Codes and evaluate the
suitability ovremoving those obstacles.
uVw'1oc.Use of Alternative Building Materials. Evaluate the benefits
and impacts nfamending the City's building codes and zoning ordinances
tnallow the use ofacceptable resource -efficient alternative bui|Uing
space/conservation area
Consistent
See CON -1 above.
Consistent
See CON -1
Consistent
See CON -1
Consistent
See CON -1
Consistent
See CON -1
Consistent with conditions
Adetailed landscape and revegetation plan will be required for the project, which includes replanting with native
grasses and plants.
Consistent
See CON -15
Consistent with conditions
The project would besubject mcompliance with the City Green Building Ordinance.
Exhibit 3-//
Unte,omxv2Lot Sxb&,mam File #: 2C//-0o3/TSD/'0041EJ)/-047
/Yo/J(en`l,J``' Title: General Plan 2020Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020 -190 EL CERRITO AVE
materials and methods.
CON -18d. Incentives for Solar and Clean Energy. Seek ways to provide
incentives for solar and clean energy systems.
CON -18e. LEED Program. Encourage developers to use "Leadership in
Energy and Environmental Design" Standards.
CON -19. Energy Resources. Support the development of renewable and/or efficient
generating resources to reduce the County's reliance on non-renewable energy
supplies.
CON -19a. Energy Production. Consider means to encourage options,
such as photovoltaic cells, for energy production,
CON -20. Water Conservation. Encourage water -conserving practices in businesses,
homes and institutions and increase the use of recycled water.
CON -20a. Water Conserving Landscaping. Make available to property
managers, designers and homeowners information about water -conserving
landscaping and water -recycling methods and resources.
CON -20b. Water Recycling. Support the extension of recycled water
distribution infrastructure. Require the use of recycled water where
available.
AIR AND WATER QUALITY ELEMENT
Consistent
See CON -18
Consistent with conditions
Project landscaping would be reviewed by MMWD to assure compliance.
AW -1. State and Federal Standards. Continue to comply and strive to exceed state Consistent with condition
and federal standards for air quality for the benefit of the Bay Area. The project would not generate any air quality impacts and would be consistent with the Bay Area Air Quality
District requirements. Construction practices will be required to minimize dust and vehicle fumes. Furthermore,
the proposed development is within the additional development assumed under the General Plan 2020 and
therefore cumulative impacts have been analyzed and found to be acceptable.
AW -2. Land Use Compatibility. To ensure excellent air quality, promote land use Consistent
compatibility for new development by using buffering techniques such as landscaping, This project is consistent with the single-family residential neighborhood.
setbacks and screening in areas where different land uses abut one another.
AW -7. Local, State and Federal Standards. Continue to comply with local, state and
federal standards for water quality.
AW -8. Reduce Pollution from Urban Runoff. Address non -point source pollution
and protect receiving waters from pollutants discharged to the storm drain system by
requiring Best Management Practices quality.
• Support alternatives to impervious surfaces in new development,
redevelopment or public improvement projects to reduce urban runoff into
storm drain system, creeks and the Bay.
• Require that site designs work with the natural topography and drainages to
the extent practicable to reduce the amount of grading necessary and limit
disturbance to natural water bodies and natural drainage systems.
• Where feasible, use vegetation to absorb and filter fertilizers, pesticides and
other pollutants.
AW -9. Erosion and Sediment Control. Establish development guidelines to protect
areas that are particularly susceptible to erosion and sediment loss.
Consistent
on& stent with conditions-
The project would be required to comply with the City's Stormwater Pollution Prevention standards which are
derived from the Regional Water Quality Board. The proposed drainage plan is designed to be consistent with the
stormwater pollution standards by treating stormwater runoff on-site in landscape areas or through an on-site
filtration area before it enters into the storm drain system.
Consistent
See AW -7 above. Furthermore, as a standard building permit condition of approval, the proposed project would
implement a storm water pollution and prevention plan (SWPPP) and Best Management Practices to minimize
impacts on water quality and non -point source pollution discharge into the storm water system.
Consistent with conditions
See AW -8 above. An erosion control plan would be required as part of the building permit plans.
Exhibit 3 -12
Unterniann 2 Lot Subdivision File 9: ZCl 1-003ITSI 1-0041ED] 1-047
190 E'l Cerrito Ave Title: General Plan 2020 Consistency Table
EXHIBIT 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020 —190 EL CERRITO AVE
SUSTAINABILITY ELEMENT
SU -5. Reduce Use of Non Renewable Resources. Reduce dependency of non
renewable resources
SU -5a. Green Building Regulations. Require new construction and
remodel project to comply with adopted green building regulations.
SU -5b. Energy Efficiency Programs. Develop and implement energy
efficiency and conservation programs to achieve a 20% reduction in energy
use by 2020, including PACE financing, stretch building codes, energy audit
and upgrades upon resale, education and outreach,
SU -5c. Water Efficiency Programs. Develop and implement water
efficiency and conservation programs to achieve a 30% reduction in water
use by 2020, including water efficient landscape regulations, PACE
financing, water audits, upgrades upon resale, education and outreach,
SU -5d. Reflective Surfaces. Encourage the use of high albedo (reflectivity
materials for future outdoor surfaces such as parting lots, roadways, roofs
and sidewalks.
Consistent
The project would be required to comply with the current green building ordinance regulations, which would
require a minimum number of points on the Build it Green rating scale, depending on the size of the new home
and 15% more energy efficiently than that required by standard building codes.
In addition, the project landscaping would be required to comply with the water efficient landscape ordinance
requirement of MMWD.
SU -8. Social Diversity and Equity. Enhance social equity among all segments of the Consistent
community. The project and zoning includes the provision to allow a second dwelling unit on site. Although second dwelling
units are not rent restricted units, they are affordable by design and provide a significant amount of affordable
SU -8a. Affordable Housing. Continue to expand the supply of affordable housing opportunities with in the City of San Rafael as a whole.
housing which reduces commute times and congestion.
Exhibit 3 -13
Unterm ann 2 Lot Subdivision File #: 701-0031T.S11-0041ED11-047
190 El Cee-ito Ave Title: General Plan 2020 Consistencv Table
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZONING ORDINANCE (TITLE 14)-19OELCERRITO AVE
CHAPTER 1 -TITLE, COMPONENTS AND PURPOSE
i4�.030-Purposes. The San Rafael Zoning Ordinance isadopted to promote and protect the public
health, safety, peace, comfort and general welfare. The zoning ordinance is also intended to promote the
following more specific purposes:
A. To implement and promote the goals and policies of the San Rafael general plan, so as to guide and
manage future development inthe city inaccordance with such plan;
B. Tofoster harmonious and workable relationships among land uxoo�
C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings and
improvements;
D. Toprotect, strengthen and diversify the economic base mfthe city;
E. To promote viable commercial and industrial enterprises that provide diverse employment opportunities
for city residents;
F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings;
G. To provide adequate, safe and effective off-street parking and loading facilities;
H To promote a safe, effective traffic circulation system, and maintain acceptable local circulation system
operating conditions;
| To promote design quality in all development and to preserve and enhance the city's existing historic,
architectural, and cultural resources;
J To preserve and enhance natural resources and key visual features in the community, including the
bay shoreline, canal, wetlands, and hillsides;
K� Toprotect and conserve the city's existing housing stock;
L Topromote housing development tomeet housing needs, including affordable housing and special
housing needs;
MTo coordinate the service demands of new development with the capacities of existing streets, utilities
and public services;
N. To provide for effective citizen participation in decision-making. (Ord. 1625 § 1 (part), 1992).
CHAPTER 7- PLANNED DEVELOPMENT DISTRICTS
14.07.01USpecific purposes.
The specific purposes ofthe planned development (PC) district are to:
A. Promote and encourage cluster development on large sites to avoid sensitive areas of property;
B. Encourage innovative design on large sites by allowing flexibility in property development standards;
C. Encourage the establishment ofopen areas inland development;
D. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the
detriment ofsurrounding neighborhoods;
E Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity,
delays and conflicts that otherwise would result from application of zoning standards and procedures
designed primarily for small lots;
FAccommodate various types of large-scale, complex, mixed-use, phased developments;
G. Enable affected governmental bodies to receive information and provide an integrated response to both
the immediate and |ong'nanqeimpacts ofsuch proposed developments.
Complies
The project would result inahannoniou residential
development pattern that iacompatible with the adjacent single
family residential properties.
Complies
The development implements the General Plan with an
appropriate density of single-family residential development.
<—Yhibit:f-\
/1m,mm/w2 Lw,';ubJnim^w File #: ZY- /f03,7V/-004,1EJ] /-047
/voBC'nxoJ`, Title: Zoning Ordinance r"nsmtemcYTable
EXHIBIT
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZON|NG ORDINANCE (TITLE i4)-19QELCERRITO AVE
14.O7.020Land use regulations.
A. No use other than an existing use or a temporary use approved pursuant to section D, below, shall be
permitted inaPDdistrict except inaccord with avalid development plan. Any permitted orconditional
use authorized by this title may be included in an approved development plan, consistent with the
general plan land use designation(s) and intensities for land within the PD district. The PD zoning
approval shall establish the range of allowable land uses for the development.
B. A master use permit or individual use permits may be required to establish specific uses on the
property consistent with general plan land uses and parking standards. A master use permit shall be
required for nonresidential, phased and/or multi -tenant development
C A development plan is not required for existing school sites located in the PD district. A use permit
shall be required for any nonpublic school uses of the site, or for reuse of any existing school
facilities, per Section 14.09.020, land use regulations (P/QP). A development plan shall be required
when such property redevelops
D� Temporary uses may be permitted within a PD district, with or without an approved or valid
development plan. The performance standards and provisions of Section 14.17.130 of this Title shall
apply to temporary uses, and shall be administered through a use permit (zoning administrator
14.07.03OProperty development regulations.
A, Minimum Area. The minimum net area of a PD district shall be 2.5 acres, provided that a PD district
may be subdivided in accord with a valid PD plan; exceptions to this provision are lots over 0.5 acres in
size where developed to provide affordable housing and hillside residential lots over one acre in size
where unusual site characteristics exist.
B. Residential Unit Density. The total number of dwelling units in a PD plan shall not exceed the maximum
number permitted by the general plan density for the total site area. Density bonuses for senior housing
development and affordable housing development may be considered consistent with general plan
policies and state law.
C. Nonresidential Intensity. Nonresidential development shall not exceed floor area ratios, as specified in
the general plan, except in the downtown where a one-time ten percent (10%) bonus may apply,for
business expansion.
D. Building Height Limits. Building heights shall be consistent with height standards contained in
the general plan.
E. Other Development Regulations. Other development regulations shall be as prescribed by the
development plan.
14.07.040. Authority
The planning commission shall recommend approval, conditional approval or denial of applications
to reclassify property to the PD district and/or applications for development plans to the city council.
The city council shall have the authority to approve, conditionally approve or deny rezonings and/or
development plan applications
Complies
The applicant has submitted adraft development plan and draft
PD District regulations. The current site iudesignated as PD,
therefore the proposal 10subdivide the site and add anew lot
requires the PDRezoning and the review and approval cda
development plan.
Complies
The minimum site area for each ofthe two lots would begreater
than 3acres each, thus exceeding the minimum size nf1acre
that is required for hillside lots.
The residential density iswithin the maximum number permitted
in the General Plan for the site, given that the General Plan
allows O.1—U.5units/gross acre for site designated aoHillside
Residential Resource. This site ix7.15acres and thus allows
between 0.75and 3.575units. Although the General Plan
maximum density would allow upto3.575units ona7.15site,
the subdivision ordinance and hillside subdivision standards
establish amaximum #ofunits for this size ofproperty at2lots
based onthe slope ofthe site.
The draft PDregulation provide development standards for
building stepbanko.setbacks, natural state, gross building
square footage. Building envelope, parking, landscaping, tree
removal and maximum height for both the new lot and the
existing lot. These standards are consistent with the standards
required for development of any property in a hillside area.
Complies
The Planning Commission will boreviewing the proposed project
and the proposed PDrezoning and providing their
recommendation 10the City Council for final action.
Exhibit: 4 -2
/ntenvom2Cmxnhdi,is^x/ File H: Z[//-003/%7 /'0V412D//-047
EXHIBIT 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14) —190 EL CERRITO AVE
14.07.0g0 -Findings,
A recommendation by the planning commission to the city council or a decision by the city council to
reclassify property 0othe PDdistrict and/or toapproveedevelopmon\p|ansheUbebaoedonthofo|lowing
set ofrequired findings:
A. The development plan is consistent with the general plan, adopted neighborhood plans and other
applicable city plans orpolicies;
B. Any residential development shall constitute a residential environment of sustained desirability and
stability in harmony with the character of the surrounding neighborhood, and where applicable,
adequate open space shall beprovided;
C. Any nonresidential uses shall be appropriate in area, location and overall planning for the purpose
intended, and the design and development standards shall create a nonresidential environment of
sustained desirability and stability, and where applicable, adequate open space shall be provided;
D. The applicant demonstrates that public facilities are provided to serve the anticipated population;
E The development is improved by deviations from typical zoning ordinance property development and
parking standards; and
F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public
safety. Emergency vehicle access is provided to serve the proposed development.
14.V7.10O-Contents ofPDzoning approvals.
A� PDzoning approvals shall include atext summary ofthe approved development plan, including the
range of allowable land uses, residential density, number and type(s) of residential units,
commercial/industrial intensity, building square footage devoted to each type of nonresidential land
use, site development standards including setbacks, building envelopes, lot coverage and height
limits, parking, open space areas, outdoor amenities and any other critical components of
development approval.
B. A master use permit or individual use permit(s) may be required as per Section 14.07.020 to
establish specific use approvals and to evaluate compliance with trip allocations and parking
standards.
'
CHAPTER 12- HILLSIDE OVERLAY DISTRICT
14.12.010 Specificpurposee
In addition to the general purposes listed in Section 14.01.030, the purposes of the hillside development
overlay district include the following:
A. To protect public health and safety by minimizing hazards, including seismic and landslide risks, soil
erosion and fire danger associated with development on steep and/or unstable slopes;
B Twencourage preservation o/natural hillside features;
C Toensure adequate emergency access byproviding on-site parking;
D To implement the residential site design policies of the general plan and the Hillside Residential Design
Guidelines Manual,
Complies
Based on the analysis of the General Plan, Zoning Ordinance,
Subdivision Ordinance, the Hillside Guidelines and the
environmental review, staff recommends that the Rezoning io
appropriate and the required findings can bomade based onthe
The proposed development plan isconsistent with the General
Plan and the applicable policies and density established bythe
plan, the proposed new residential lot would beincharacter and
harmony with the surrounding single family structures and
neighborhood. The require public facilities, such axwater, sewer,
roads and other public improvements are adequate to
accommodate anew single family residential lot and new single
family home
The vehicular and pedestrian traffic system ioadequately
designed 0naccommodate the development ofanew single
family lot inthe hillside area and emergency service providers
have reviewed the project and determined that they can provide
access the development incase ofemergency
Complies
The proposed PD regulations contain the required development
and land use standards.
Complies with conditions
The subdivision design respects the contours and hillside setting
10the maximum extent feasible. The proposed development
would belocated atthe lower portion ofthe site, inapreviously
graded area. Conceptual plans have been presented that
demonstrate that the new lot isfeasible for development with a
structure that meets the hillside standards. Aseparate Design
Review application and review for the specific design ofthe
proposed residence iorequired.
Exhibit: 4 -3
/4m,nm"n2 LmSubdi,isuv/ File 4: i17/-00J3Y/-0041%D//-047
EXHIBIT
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZ0N|NG ORDINANCE (TITLE 1/)—f90 ELCERRHO AVE
14.12.020 Criteria for establishment of hillside development overlay district.
A. These regulations shall apply to all lots with an average slope greater than twenty-five percent (25%) or
in the hillside resource residential orhillside residential general plan land use districts. The hillside
development overlay district on the zoning map is placed on those lots which are in the hillside
resource residential orhillside residential general plan land use districts.
B� Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside
development overlay district are presumed to exist in the city and are protected under all of the terms
and provisions of this chapter. Development on such lots requires compliance with the requirements of
the hillside development overlay district, except that such lots need not be rezoned to the hillside
development overlay district.
14.12.O3OProperty development standards (-H}.
Development standards shall be those of the underlying zoning district with which a hillside development
overlay district is combined, provided that the following shall be in addition and shall govern where conflicts
arise, except for subsection G.Lot Standards, where the lot size standard ofthe underlying zoning district
applies when more restrictive than the subdivision ordinance.
A. Building Stepback. A building stepback is established to limit the height of structures to avoid excessive
building bulk, On the downhill slope walls and on walls facing front and side property lines, a twenty-
foot(2O')height|imitmeasuvedhnmexio1inggnudeohaUbeobuomodwithinaUareauwi1hinfiftennfeot
(15') ofthe maximum building envelope limit. Tnallow for design flexibility, unencroachment into the
street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the
building length.
B, Setbacks. Structures may encroach into a required yard or setback for a distance of not more than one-
half of the required yard or setback, subject tuapproval bythe hearing body ofanenvironmental and
design review permit, with the recommendation of the design review board that the decrease minimizes
the impact of hillside development and grading. If such a reduction is granted, a compensating increase
in setback is required in the opposing setback, i.e., a five-foot (5) reduction in a front yard setback
would increase the rear yard setback byfive feet (5').
C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage figure of
average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural state.
This standard may be waived or reduced for lots zoned PD (planned district) or developed with
clustered development with the recommendation of the design review board, subject to approval by the
hearing body.
Q Gross Building Square Footage. The maximum permitted gross building square footage of all structures
(including garages and accessory structures over one hundred twenty (120) square feet) is limited to
two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum
gross square footage set otsix thousand five hundred (0.5O0)square feet.
E. Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a
visually significant ridgeline, as shown on the community design map of the general plan, is prohibited
unless this restriction precludes all reasonable economic use of the property.
F� Parking Requirements, On streets less than twenty-six feet (26') wide, a minimum of two (2) additional
on-site parking spaces shall be provided (not on the driveway apron). These spaces should be
conveniently placed relative to the dwelling unit which they predominately serve. This requirement may
be waived or reduced by the hearing body when the size or shape of the lot or the need for excessive
grading urtree removal makes the requirement infeasible.
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21,1991 are subject to the
Generally consistent
The—Hotandands would remain applicable to both the existing
and new lots.
Complies with conditions
The site has been evaluated for consistency with Title 1S.and
final design review ofproposed residential development will be
required hoassure compliance with these standards. The
conceptual plan demonstrates ohouse Gan bebuilt in
compliance with these standards. The lot sizes of3Dacres for
the new lot and 3.24for the existing single family home are
consistent with the slope density table, which establishes a
minimum lot size of2acres for new lots.
The proposed PDstandards also include all the applicable
hillside standards contained inthis section oodevelopment
standards for any new development on the site.
Exhibit: 44
(J,/u`nu"//2 Lot Subdivision File i�: ZC//-00317S//-0041lI}U'047
EXHIBIT
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZONING ORDINANCE (TITLE 14)-190ELCERRITO AVE
slope tables established under Chapter 15.34ofthe subdivision ordinance.
H. Design Review Requirement. An environmental and design review permit may be required, consistent
with the requirements of Chapter 14.25, Environmental and Design Review Permits. All applications
shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual.
14.12.040 Exceptions toproperty development standards.
Exceptions to the property development standards may be approved by the city council, upon the
recommendation of the design review board and the planning commission, when the applicant has
demonstrated that alternative design concepts carry out the objectives ofthis chapter and are consistent
with the general plan based onthe following criteria:
A. The project design alternative meets the stated objectives of the hillside design guidelines to
preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting
and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural
setting; and
B. Alternative design solutions which minimize grading, retain more of the project site in its natural state,
minimize visual impacts, protect significant trees, or protect natural resources result in a
demonstrably superior project with greater sensitivity to the natural setting and compatibility with and
sensitivity tonearby structures.
CHAPTER 16- SITE AND USE REGULATIONS
14.10000Affordable housing requirement.
X Purpose. The purpose of this section is to enhance the public welfare and ensure that further
residential and nonresidential development projects within the city contribute to the attainment of
affordable housing goals and requirements by promoting and increasing, through actual construction
and/or alternative equivalent actions as provided for in this section, the development of rental and
ownership housing units for very low, low and moderate income households.
B. General Requirements --Residential Development Projects. Any new residential development project
with dwelling units intended or designed for permanent occupancy shall be developed to provide
affordable housing units to very low, low and moderate income households in perpetuity unless, in its
sole discretion and upon a finding of need pursuant to subsection E of this section, the city council
reduces the time frame tonot less than forty (40years.
1. Exemptions. This provision shall be imposed on all residential development projects except that
the following shall beexempt from the provisions nfthis section:
2. AObrdableHousingUnha—PementageRmquimd.Reaidonda development projects shall provide
affordable housing units asfollows:
Project Size Percentage ofAffordable Housing Units
2-1OHousing Units* 1096.
.�. `
CHAPTER 18- PARKING STANDARDS
A. 14L18.040
Use Classification Off -Street ParkiM Reauired
Complies
NoHillside exceptions have been requested.
Complies
Not applicable to addition of 1 single-family dwelling unit,
Complies
The conceptual plans demonstrate 2 covered and 2 uncovered
F_x6ibit:!-5
/nx,`xnnv2 Lot Subdivision file #: 7C//-003/73//-0041ED//-047
/vVF1Cerrito J`e Title: Zoning Ordinance Consistency Table
1*11:N411111IN
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE f4)-190 ELCERRITO AVE
Single-family residential 2covered spaces per unit. spaces can boaccommodated onthe site.
Single-family residential, hillside On streets less than 20feet wide, aminimum oftwo additional on-
site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be
conveniently placed relative to the dwelling unit which they serve. This requirement may be waived or
reduced by the hearing body when the size or shape of the lot or the need for excessive grading or tree
removal make the requirement infeasible.
CHAPTER 25- ENVIRONMENTAL AND DESIGN REVIEW PERMITS
. �
14.25D10Specific purposes.
Environmental and design review implements general plan policies concerning the environment and design
by guiding the location, functions and appearance of development. The key environmental and design goal
of the city is to respect and protect the natural environment and assure that development is harmoniously
integrated with the existing qualities of the city. The purposes of environmental and design review are to:
A. First and foremost, maintain a proper balance between development and the natural environment;
B. Ensure that the location, design and materials and colors of development blends with and enhances the
natural setting;
C� Maintain and improve the quality of, and relationship between, development and the surrounding area to
contribute tothe attractiveness ofthe city;
D. Preserve balance and harmony within neighborhoods;
E. Promote design excellence by encouraging creative design and the innovative use of materials and
methods and techniques;
F, Preserve and enhance views from other buildings and public property;
G. Ensure the right to make residential additions and modifications which minimize the impact on adjacent
residences and which are designed to be compatible with the existing residence and neighborhood, \
14.25.O5UReview criteria.
A. Consistency with General Plan Design Policies. To ensure that each proposed improvement shall
accomplish the purposes of Section 14.25.010, Specific purposes, environmental and design review
shall beguided bygeneral plan design policies, and the following criteria.
B. Consistency with Specific Plans. In addition to the criteria listed below, development will also be
evaluated for consistency with applicable neighborhood and area design plans. Adopted plans which
include design guidelines include: Hillside Residential Design Guidelines Manual, Shoreline Park
master plan, East San Rafael neighborhood plan, Peacock Gap neighborhood plan, and Sun
Valley/Fairhills neighborhood plan. In addition, the following design guidelines have been adopted by
resolution and apply to specific areas in San Rafael: the downtown design guidelines, and the
Monieci1o/HoppyVaUmy residential design guidelines.
C. Design Criteria. Review shall be guided by the following criteria to assure that, with regard to buildings,
structures and physical improvements, each proposed development shall carry out the purposes of
this chapter, the general plan policies and any design plans. Any or all of the following criteria may,
upon recommendation of the design review board, be waived by the planning commission when the
applicant has demonstrated that alternative design concepts carry out the objectives of this chapter
and where such development imconsistent with the general plan. Hillside nouidonUa| design criteria
may bewaived bythe city council with the following findings:
1 The project design alternative meets the stated objectives of the guidelines to preserve the
Complies
|naddition 10the hillside residence, the design ofthe hillside
subdivision, including the building envelope, sting ofthe
envelope and design ofconceptual improvements requires
Design Review. Review ofthe home iuconceptual innature ot
this time, hodemonstrate the proposed parcel iobuildable. The
lot configuration, building area, design ofdriveway, walls and
drainage improvements, and conceptual home design appear ho
comply with the purposes.
Complies with conditions
The project was reviewed and recommended favorably bythe
Design Review Board onSeptember 2D.2011.with a
recommendation made toidentify the types oftypical
improvements that may beallowed outside the building envelope
inthe front ofthe structure. Final design details for retaining
walls and related subdivision grading and drainage
improvements would borequired tobesubmitted with final
improvement plans, to assure the walls, grading and re -
vegetation details adhere to the hillside design guidelines
manual. Separate final design review for anew residence would
bomquimd.toaonuvaoomp|ianoowiththe—Hovedayund
design guidelines.
The subdivision will beanalyzed instaff ureport 0oassess
compliance with the Title 15hillside subdivision regulations and
Hillside Guidelines subdivision criteria. Flexibility indesign of
streets iupermissible for hillside subdivisions. The project has
not requested any deviations from hillside standards. |ngeneral,
Exhibit: 4 -6
/6"nxum2 Lot Subdivision File 4: ZC//-00]/7S//'V041ED//-047
/vo/}Cerrito ,kr Tide: Zoning Ordinance Consistency Table
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZON|NG ORDINANCE (TITLE 14)-190ELCERRITO AVE
inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and
compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural
setting; and
2. Alternative design solutions which minimize grading, retain more of the project site in its natural
state, minimize visual impacts, protect significant trees, orprotect natural resources result ina
demonstrably superior project with greater sensitivity to the natural setting and compatibility with
and sensitivity ho nearby structures.
D Competent Design. The development plans shall be designed by, and bear the signature of a person
who, under the building code, has been designated as legally competent to submit such development
proposal. Plans for adevelopment subject toamajor environmental and design review permit before
the design review board shall be prepared by, and bear the signature of, an architect and/or landscape
architect licensed bythe state ofCalifornia Department ofConsumer Affairs.
E. Site Design. There should be a harmonious relationship between structures within the development and
between the structures and the site. Proposed structures and site development should be related
accordant to existing development in the vicinity. There must be a consistent organization of materials
and abalanced relationship ofmajor elements.
1. Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tama|pa\oand
the hills should be preserved and enhanced from public streets and public vantage points. In
addition, respect views ofSt. Ruphae|'oChurch up^A^Street.
2. Site Features and Constraints. Respect site features and recognize site constraints by minimizing
grading, erosion and removal of natural vegetation. Sensitive areas such as highly visible hillsides,
steep, unstable or hazardous slopes, creeks and drainageways, and wildlife habitat should be
preserved and respected.
3. Access, Circulation and Parking. The development should provide good vehicular, bicycle and
pedestrian circulation and access, on-site and in relation to the surrounding area, including public
streets, waterways, shorelines and open space areas. Safe and convenient parking areas should
be designed to provide easy access to building entrances. Parking facilities should detract as little
as possible from the design of proposed or neighboring structures. Entrances to parking structures
should be well-defined and should include materials compatible with those of the parking garage.
Traffic capacity ofadjoining streets must boconsidered.
4. Energy -Efficient Design. The site design shall show that due regard has been given to orientation
ofstructures tostreets and climatic considerations.
5. Drainage. Special attention shall be given to proper site surface drainage and an adequate
drainage system. (Nota:The details ofdrainage systems shall bosubject haapproval /f the
director ofthe department ofpublic works.)
8. Utility Service. Utility connections shall be installed underground. Proposed method of sanitary
sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened and
located in areas convenient both to users and to persons who make collections. There shall be
adequate ingress and egress to all utilities. (Note: Recycling facilities must meet Standard of
Resolution 93-57.)
F. Architecture, The project architecture should be harmoniously integrated in relation to the architecture in
the vicinity in terms of colors and materials, scale and building design. The design should be sensitive
to and compatible with historic and architecturally significant buildings in the vicinity, and should
enhance important community gateways, view corridors and waterways as identified in the general
plan.
1. Design Elements and Approaches. Desiqn elements and approaches which are encouraqed
the project appears tocomply with the hillside and design review
requirements and criteria.
Exhibit: 4 -7
(nternm/m2 L.^abdi,is/,m /J,�., 70/-003I7J//-004/ED//-047
/901"1'e,`m,or Ti/le: Zoning Ordinance Cwmmtencrzoa/v
EXHIBIT
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZONING ORDINANCE (TITLE 14)-190 ELCERR[TO AVE
include:
u.Creation ofinterest inthe building elevation;
b. Pedestrian -oriented design inappropriate locations;
o. Energy-efficient design;
d.Provision ofosense nfentry;
e.Variation inbuilding placement and height;
[ Dwelling units accessible |othe mobi|ity+impaimd;
g. Equal attention 0odesign ofall facades insensitive locations;
h Bedrooms and decks oriented away from high noise sources;
i Common usable areas should offer residents a convenient and attractive place to exercise, relax
and meet one another;
j. Private yard areas should be oriented away from high noise sources and take advantage of view
opportunities and solar orientation.
2 Materials and Colors. Materials and colors should be consistent with the context of the surrounding
area. To minimize contrast of the structure with its background as viewed from the surrounding
neighborhood, color selection shall coordinate with the predominant colors and values of the
surrounding landscape and architecture. High-quality building materials are required. in hillside
areas, as identified in Section 14.12.020 of this title, natural materials and colors in the earth tone
and woodnote range are generally preferred. Other colors and materials may be used which are
appropriate to the architectural style, harmonious with the site and/or compatible with the character
ofthe surrounding environment.
m. Earthtone/woodtone colors are considered to be various natural shades of reddish -brown,
brown. grey, tan, ocher, umbar, go|d, oend, blue and green.
b. Natural materials include adobe, slump block, bhok, stono, stucco, wood shakes, shingles
and aidin0, and tile roofs.
o. Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a
design a»well aoustructural function.
d. Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as
copper or weathering steel) may be used. Unpainted metal, galvanized metal or metal
subject torusting isdiscouraged.
e Glare -reducing and color -harmonizing finishes may be required on glass surfaces when
they constitute fifty percent (50%) or more of a wall or building face, or when they permit a
view ofpipes, utilities and other service units.
[ Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited
where it has an adverse impact, such as glare on pedestrian or automotive traffic or on
adjacent structures.
g. Roof materials shall minimize reflectivity.
3. Walls, Fences, and Screening. Walls, fences and screening shall baused toscreen parking and
loading areas, refuse collection areas and mechanical equipment from view. Screening of
mechanical equipment shall bedesigned aaanintegrated architectural component ofthe building
and the landscape. Utility meters and transformers shall be incorporated into the overall project
design.
4. Exterior Lighting. Light sources should provide safety for the building occupants, but not create a
glare or hazard on adjoining streets or be annoying to adjacent properties or residential areas.
14.25.090 Findings.
Complies
Exhibit: 4 -8
//nonmon^2Lot Subdivision File #: ZC//-003,,TY//-00411D//-047
EXHIBIT
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAELZONING ORDINANCE (TITLE 14)—i9OELCERRITO AVE
The planning director, zoning administrator ovplanning commission may approve anapplication for an
environmental and design review permit. The following findings must be made by the hearing body:
A. That the project design is in accord with the general plan, the objectives of the zoning ordinance and the
purposes ofthis chapter;
B. That the project design is consistent with all applicable site, architecture and landscaping design criteria
and guidelines for the district inwhich the site iolocated;
C. That the project design minimizes adverse environmental impacts; and
D. That the project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties orimprovements inthe vicinity.
CHAPTER:27 AM
14.27.020. Authority
& The Planning Commission shall recommend to the City Council approval, approval with modifications,
or denial of the requested amendment to the zoning map or zoning regulations. After the hearing, the
planning commission shall render its decision to the City Council in the form of written
recommendation in a report which shall include the reasons for the recommendation, and the
relationship of the proposed ordinance or amendment to applicable general and specific plans.
O If the matter under consideration is to rezone property, and the planning commission has
recommended against the adoption of such amendment, the city council shall not be required to take
any further action thereon unless appealed.
Findings for approval have been recommended hnadraft PC
Complies
Staff has prepared areport and draft resolution for the PCho
consider adopting with arecommendation hnthe City Council
that the PID rezoning be approved.
1 27.050.Public Notice and Hearing Complies
The planning commission shall hold a public hearing on any proposed rezoning or amendment to the zoning Anotice ofhearing was mailed iosurrounding property owners
ordinance. Notice ofpublic hearing shall bogiven consistent with Chapter 14.2S.Public Notice and residents within 3OO-feet.posted on-site and published in
the newspaper more than the minimum required 2Odays prior 0o
the meeting, byMarch 22.2O12.
14.27.060. Findings
The City Council may approve anamendment to the zoning map cvzoning regulations if the following
findings can bemade:
A. The proposed amendment isconsistent inprinciple with the General Plan.
B. The public health, safety and general welfare are served by the adoption of the proposed
amendment
Complies
A draft PC resolution has been prepared.
Exhibit: 4 -9
[4xo,mmn2 LmSub6,isav, File 9: 2I]/-Dll'TS//-V041ED//-04r
WKWE-W
CSW/Stuber-Stroeh Engineering Group, Inc.
Rev.: June 16, 2011
Date: May 20, 2011
File: 1.835.00
Mr. Raffi Boloyan, Principal Planner
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
45 Leveroni Court 415.881 850 Novato
Novato, CA 94949 Fax 415.883.9835 Petaluma
1M,vvrcswst2.com Sacramento
Engineers I Land Planners I Surveyors I Landscape Architects
RE: UNTERMANN RESIDENCE
190 EL CERRITO AVENUE, SAN RAFAEL
Dear Mr. Boloyan:
JUN 2
The Lands of Tom and Merrie Untermann (Assessor's Parcel Number 011-121-10) is a 6.24
Acre parcel located in the City of San Rafael, Marin County, California. It is currently zoned
as Planned Development, Hillside (PD -H), and contains a single residential unit. The property
is serviced by the Marin Municipal Water District (MM)QVD), the San Rafael Sanitation District
(SRSD), and Pacific Gas and Electric (PG&E). The site is covered with an abundance of
trees, and contains steeply -sloped areas as well as two areas of land suitable for house sites.
Although no development is being proposed at this time, the Unternaanns desire to subdivide
the lot into two separate parcels. A slope analysis was done of the existing site, comparing
existing slope densities to those outlined for development in the City of San Rafael code.
Based on this analysis, it was determined that the parcel contains enough area to be divided
into two parcels. The existing residence and improvements would be contained within Parcel
Two, a proposed Parcel of approximately 3.24 Acres. Proposed Parcel One would contain a
gross area of approximately 3.00 Acres. A building envelope for the proposed parcel has been
shown within which all improvements will be confined with the exception of private paths to
allow maintenance and passive enjoyment of the property.
Since the land di:visionmeets all of the City of San Rafael's ordinances for lot size, no
improvements, public areas, tree removal, -restrictions, CC and Rs, or any new streets are
proposed or necessary. AD current improvements, landscaping, trees, roads, drainage, etc. will
remain. In the future house construction on the vacant parcel will follow the required design
review application process as a part of a requested building permit.
Please find enclosed with this Information Statement a completed Subdivision Application the
following items:
2. Completed Application Form
b. Fifteen (15) copies of a Tentative Map
c. Statement of Intent (this letter) File L,-: ZC I 1-00311TS I 1-004!ED 11-047
d. Recently prepared Tide Information
Title: Applicant Letter. 6,116/11
Exhibit: 5A-1
Mr. Raffi Boloyan, Principal Planner
City of San Rafael
June 16, 2011
Page 2
e. Three (3) copies of a geotechnical investigation
f. A check as deposit for the fees associated with the project review
g. Planned Development — Hillside Overlay language and Average Slope and Area of
Natural State calculations
h. Slope Analysis calculations
We hope that youwillfind our application is complete, and look forward to hearing from. you.
Sincerely,
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
Tracy W. Park
P.L.S. #8172
TWP:sef
Enclosures
File A': ZC11-003/TS 11-00-1!ED11-017
Title: AmAcant Letter. 6!16111
o;r't1ti1 \1't1 350i .'.Gti-CG-16153:00 Fi=r :ng Ltneoc, Exhibit: 5A-2
Calculation ofY\verugeS|ope':
S= `
OIX}229/|)/U
^ '
A
Where:
S is the average percent of slope
} is the countour interval
Listhe summation oflength ofthe contour lines
Aisthe area inacres ofthe proposed Parcel
S= '' -
�0' D29�'U1�311
3ac.
Calculation of'Area ofNatural State':
Area ofNatural State iobeaminimum of25%ofthe lot area plus the percentage
figure of average slope.
A minimum of 66% of proposed 3.00 +/- Acre Parcel to remain in Natural State
OR
A minimum of 1.98 +/- Acres of proposed Parcel to remain in Natural State
Proposed Parcel Size: 3Acres
Proposed Building Envelope: 1Acre
Proposed Area of Natural State: 2 Acres
File T`:3CD-00],/TSl}-0048EDll-047
Title: MiDlicant Letter. 6/lQll